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CITY  CHARTER 


OF  THE - - 


CITY  OF  OAKLAND 

CALIFORNIA 

- ALSO - 

General  Municipal  Ordinances 

OF  SAID  CITY 


IN  EFFECT  DECEMBER  12,  1903. 


ANNOTATED  AND  INDEXED  UNDER  THE  SUPERVISION  OF 

A.  L.  FRICK 
ATTORNEY-AT-LAW 


COMPILED 

BY  THE  AUTHORITY  OF  THE  CITY  COUNCIL 


PRESS  OF 

THE  OAKLAND  TRIBUNE 
1903 


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CHARTER 

OF  THE 

CITY  OF  OAKLAND 


Proposed  March  8,  1888,  by  the  Board  of  Freeholders,  Elected 

December  10,  1887;  Adopted  November  6,  1888,  and  Ap- 

% 

proved  by  the  Legislature  February  14,  1889;  All 
In  Pursuance  of  the  Provisions  of  Section 
8,  Article  XI,  of  the  Constitution 
of  the  State  of  California 


ANNOTATED  AND  INDEXED  UNDER  THE  SUPERVISION  OF 

A.  L.  FRICK 
ATTORNEY-AT-LAW 


Board  of  Freeholders 


%  ** 

T- 

CHAIRMAN  .  * 

JOHN  A.  STANLEY  *  r- 


AVM.  C.  BARTLETT 
JNO.  L.  BROMLEY 
J.  T.  CAROTHERS 
WALLACE  EVERSON 
J.  A.  FOLGER 
JNO.  R.  GLASCOCK 
V.  D.  MOODY 


WARREN  OLNEY 
C.  D.  PIERCE 
H.  A.  POWELL 
E.  J.  PRINGLE 
PATRICK  SCULLY 
N.  W.  SPAULDING 
JOHN  H.  TROY 


Secretary 

FRED  L.  BUTTON 


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Committees  of  the  Board  of  Freeholders 


1.  Boundary,  Division  into  Wards  and  Elections — 

MESSRS.  SPAULDING.  GLASCOCK  AND  PRINGLE. 

2.  Legislative  Department — 

MESSRS.  BARTLETT.  CAROTHERS  AND  SPAULDING. 

3.  Executive  Department,  etc. — 

MESSRS.  MOODY,  PIERCE  AND  OLNEY. 

4.  Department  of  Public  Works- — 

MESSRS.  PRINGLE.  BROMLEY  AND  FOLGER. 

5.  Public  Schools  and  Libraries- — 

MESSRS.  POWELL,  BARTLETT  AND  PIERCE, 

6.  Judicial  Department,  etc. — 

MESSRS.  OLNEY,  GLASCOCK  AND  TROY. 

7.  Police,  Fire  and  Health  Department— 

MESSRS.  GLASCOCK,  BROMLEY  AND  EVERSON. 

S.  Finance,  Revenue  and  Taxation — 

MESSRS.  CAROTHERS,  FOLGER  AND  BARTLETT. 

9.  General  and  Miscellaneous  Provisions  and  Schedule — 

MESSRS.  EVERSON,  POWELL  AND  SCULLY. 

10,  Revision — 

MESSRS,  OLNEY,  POWELL.  PRINGLE  AND  GLASCOCK. 


Contents 


Charter. 

Article  I — Boundaries,  Rights  and  Liabilities 
Chapter  I — Rights  and  Liabilities 

Chapter  II — Boundaries  of  the  City 
Chapter  III — Division  into  Wards 

Article  II — Elections  . 

Article  III — Legislative  Department  . 

Article  IV— Executive  Department  . 

Article  V — Judicial  Department  . 

Article  VI — Department  of  Public  Works 
Chapter  I — General  Provisions 
Chapter  II — Opening  of  Public  Streets 
Chapter  III — Improvement  of  Streets 
Chapter  IV — Sewers  and  Drainage 
Article  VII — Educational  Department  .  .  . 

Article  VIII — Revenue  and  Taxation  . 

Article  IX — Police  and  Fire  Department 

Article  X — Health  Department  . 

Article  XI — Miscellaneous  Provisions  .  . 


Index  to  Charter 


r 


T 


Contents 


Ordinances.  Page. 

Chap.  I.  City  Officers,  Salaries,  Etc .  81 

Chap.  II.  Municipal  Licenses  .  102 

Chap.  III.  Public  Streets  .  127 

Chap.  IV.  Police  Department  .  204 

Chap.  V.  Fire  Department  .  209 

Chap.  VI.  Fire  Limits  .  216 

Chap.  VII.  Public  Health  .  224 

Chap.  VIII.  City  Wharf,  Dockage,  Etc . 269 

Chap.  IX.  City  Pound  .  276 

Chap.  X.  Numbering  of  Buildings  .  281 

Chap.  XI.  Street  and  Steam  Railroads  .  29C 

Chap.  XII.  Miscellaneous  Penal  Ordinances  .  317 

Chap.  XIII.  Schedule  of  Sidewalk,  Grade,  Franchise,  and 

Other  Ordinances  .  362 

General  Index  to  Ordinances  .  419 

Numerical  Index  to  Ordinances  .  391 

Index  to  Charter  .  394 


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CHARTER 


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—  OF  — 

THE  CITY  OF 


OAKLAND 


ARTICLE  I. 

Boundaries,  Rights  and  Liabilities. 


CHAPTER  I— RIGHTS  AND  LIABILITIES. 

Section  1.  The  municipal  corporation,  now  existing,  known  as  the 
City  of  Oakland,  shall  remain  and  continue  a  body  politic  and  corpor¬ 
ate,  in  name  and  in  fact,  by  the  name  of  the  City  of  Oakland,  and  by 
that  name  shall  have  perpetual  succession,  may  sue  and  defend  in  all 
courts  and  places,  and  in  all  matters  and  proceedings  whatever,  and 
may  have  and  use  a  common  seal,  and  the  same  alter  at  pleasure,  and 
may  purshase,  receive,,  hold  and  enjoy  real  and  personal  property 
within  and  without  the  City  of  Oakland,  and  sell,  convey,  mortgage 
and  dispose  of  the  same  for  the  common  benefit,  and  may  determine 
and  declare  what  are  public  uses,  and  when  the  necessity  exists  of  con¬ 
demning  lands  therefor,  and  what  are  the  lands  it  is  necessary  to  con¬ 
demn,  and  may  receive  bequests,  gifts  and  donations  of  all  kinds  of 
property,  within  and  without  the  city,  in  fee  simple,  or  in  trust  for 
charitable  or  other  purposes,  and  do  all  acts  necessary  to  carry  out 
the  purposes  of  such  bequests,  gifts  and  donations,  with  power  to 
manage,  sell,  lease  or  otherwise  dispose  of  the  same  in  accordance 
with  the  terms  of  the  gift,  bequest  or  trust. 

Sec.  2.  The  public  buildings,  lands  and  property,  all  rights  .of 
property,  and  rights  of  action,  all  moneys,  revenues  and  incomes  be¬ 
longing  or  appertaining  to  the  City  of  Oakland,  are  hereby  declared  to 
be  vested  in  the  said  City  of  Oakland. 


8 


CHARTER  OF  THE 


Sec.  3  The  said  City  of  Oakland  shall  continue  to  have,  hold  and 
enjoy  all  the  public  buildings  belonging  to  the  City  of  Oakland,  lands, 
wharves,  waters,  property,  real  and  personal,  rights  of  property,  rights 
of  action,  suits,  actions,  moneys,  revenue,  income,'  books,  documents, 
records,  archives,  claims,  demands  and  things  in  possession  and  action, 
of  every  nature  and  description,  and  shall  be  subject  to  all  the  obliga¬ 
tions,  debts,  liabilities,  dues  and  duties  of  the  existing  municipality. 

Sec.  4.  Suits,  actions  and  proceedings  may  be  brought  in  the  name 
of  the  City  of  Oakland  for  the  recovery  of  any  property,  money  or 
thing  belonging  thereto,  in  law  or  equity,  or  dedicated  to  public  use 
therein,  or  for  the  enforcement  of  any  rights  of,  or  contracts  with,  said 
City  of  Oakland,  whether  made,  or  arising  or  accruing  before  or  after 
the  adoption  of  this  charter;  and  all  existing  suits,  actions  and  pro¬ 
ceedings  in  the  courts  or  elsewhere,  to  which  said  city  is  a  party,  shall 
continue  to  be  carried  on  by  or  against  the  said  City  of  Oakland. 

[Note — Courts  will  take  judicial  notice  of  the  fact  of  the  incorpor¬ 
ation  of  a  city,  91  Cal.  238.] 


CHAPTER  II.— BOUNDARIES. 


[Note — The  boundaries  of  the  City,  as  originally  set  forth  in  the 
Charter,  are  here  omitted,  the  said  boundaries  having  been  changed 
by  annexation  of  territory  on  July  14th,  1891,  and  again  by  annexation 
on  June,  24th,  1897,  both  pursuant  to  Statutes  1889,  p.  358.] 

The  boundaries  of  the  City  as  they  existed  prior  to  the  said  annex¬ 
ation  of  189 1 ,  are  hero  set  forth,  followed  by  a  note  containing  the 
boundaries  of  the  said  territory  annexed  in  1897. 

[In  People  ex  rel  Cuff  vs.  City  of  Oakland,  123  Cal.  p.  598,  the 
Supreme  Court  held  the  said  annexation  of  1897  to  be  valid.] 


Sec.  5.  The  boundaries,  of  the  City  of  Oakland  are  as  follows 
to-wdt:  Beginning  at  the  interesection  of  the  center  line  of  Telegraph 
avenue  with  the  line  between  plots  No.  10  and  No.  11,  as  the  same 
are  shown  and  delineated  on  Kellersberger’s  map  of  the  Rancho  of  V. 


and  D.  Peralta. 

Thence  south  73%  deg.  east  along  the  eastern  projection  of  said 
line  between  plots  10  and  11  (15,934  feet,  more  or  less)  to  its  intersec¬ 
tion  with  the  center  of  Sausal  Creek;  thence  down  the  center  of  said 
creek,  following  the  meanderings  thereof,  to  the  intersection  with  the 
northerly  line  of  the  Cameron  Tract;  thence  continuing  down  the 
middle  of  Sausal  Cieek,  as  follows;  South  10  deg.  41  min.  east  120 
feet;  thence  south  63  deg.  49  min.  w^est,  86  feet;  thence  north  50  deg. 
26  min.  west,  107  feet;  thence  south  9  deg.  38  min.  w^est,  197  feet;  thence 
south  35  deg.  5 1  min.  east,  79  feet;  thence  south  50  deg.  55  min.  west 

70  feet;  thence  south  5  deg.  30  min.  west,  300  feet;  thence  south  20  deg’’ 
28  min.  west,  200  feet. 

Thence  south  4B  deg.  12  min  east,  125  feet;  thence  south  34  deg 
46  mm,  west,  280  feet;  thence  south  39  deg.  4  min.  west,  194  feet; 


CITY  OF  OAKLAND,  CAL. 


9 


thence  south  50  deg.  53  min.  west,  160  feet;  thence  south  68  deg.  19 
min.  west,  70  feet;  thence  south  20  deg.  21  min.  east,  135  feet;  thence, 
leaving  Sausal  Creek,  north  76  deg.  41  min.  west,  along  the  northerly 
line  of  land  of  Stevens,  2140  feet  to  the  easterly  line  of  Lynn;  thence 
south  13  deg.  8  min.  west  along  the  easterly  line  of  Lynn,  503%  feet 
to  the  southeasterly  corner  of  Lynn. 

Thence  north  77  deg.  15  min.  west,  27%  feet;  thence  south  12  deg. 
5.3  min.  west,  1708  feet;  thence  south  55  deg.  47  min.  east,  49%  feet; 
thence  south  36  deg.  45  min.  west,  1460  and  6-10  feet  to  the  northern 
corner  of  the  Fifty  Associates’  Tract. 

Thence  south  53  deg.  15  min.  east  along  the  northeasterly  line  of 
the  Fifty  Associates’  Tract,  1491  and  6-10  feet  to  the  easterly  corner 
of  said  tract;  thence  south  36  deg.  40  min,  west,  1412  feet  to  the  south¬ 
erly  line  of  the  “Old  County  Koad’’  to  San  Leandro. 

Thence  north  85  deg.  50  min.  west,  along  the  southerly  line  of 
said  county  road,  934%  feet  to  the  northerly  line  of  the  Cannon  Tract; 
thence  south  53  deg.  14  min.  east,  639  feet  to  the  easterly  corner  of 
land  formerly  owned  by  Sevin  Vincent. 

Thence  south  36  deg.  38  min.  west,  882  and  85-100  feet  to  the  south¬ 
westerly  line  of  East  Fourteenth  street;  thence  north  53%  deg.  west, 
187  feet  along  said  line  of  East  Fourteenth  street  to  the  southeasterly 
line  of  the  Kennedy  Tract;  thence  south  36  deg.  45  min.  west,  766  feet 
to  the  southwesterly  line  of  the  right  of  way  of  the  Southern  Pacific 
Railroad. 

Thence  south  49  deg.  22  min.  east  along  said  line  of  right  of  way 
1447  and  32-100  feet,  to  the  easterly  corner  of  the  Knowles  and  Potter 
Tract,  formerly  known  as  the  Kennedy  Tract;  thence  south  36  deg.  45 
min.  west,  867  and  44-100  feet  to  the  southerly  corner  of  the  said 
Knowles  and  Potter  Tract;  thence  south  30  deg.  25  min.  west,  2075 
feet  to  the  center  of  the  bridge  on  Park  avenue,  at  the  intersection  of 
said  avenue  with  the  Encinal  line  of  the  Town  of  Alameda. 

Thence  westerly,  following  the  center  of  the  slough  and  the  center 
of  the  estuary  of  San  Antonio  to  ship  channel  in  the  bay  of  San  Fran¬ 
cisco. 

Thence  northerly  and  westerly  along  ship  channel  to  its  intersec¬ 
tion  with  the  westerly  projection  of  the  line  between  plots  numbers  10 
and  11,  as  the  same  are  shown  and  delineated  on  Kellersberger’s  map 
of  Vicente  and  Domingo  Peralta’s  Rancho,  in  Alameda  County,  State 
of  California. 

Thence  running  along  said  westerly  projection  and  said  line 
between  said  plots,  south  73  deg.  45  min.  east,  to  the  point  of  begin¬ 
ning. 

[Note — Following  is  a  description  of  the  territory  annexed  to  the 
city  June  24th,  1897:] 

Beginning  at  a  point  on  the  northern  boundary  line  of  the  City 
of  Oakland  150  feet  distant  easterly  from  the  eastern  line  of  San  Pablo 
avenue,  and  measured  at  a  right  angle  thereto,  said  beginning  point 
heing  also  the  southeast  corner  of  the  Town  of  Emeryville,  and  run- 


I 


CHARTER  OF  THE 


ning  thence  in  a  northerly  direction  along  the  easterly  boundary  line 
of  the  Town  of  Emeryville  to  the  center  line  of  Temescal  creek,  thence 
in  a  westerly  direction  following  the  center  line  of  the  bed  of  Tem¬ 
escal  creek — being  also  the  boundary  line  of  the  Towrn  of  Emeryville 
in  said  creek — to  a  point  730  feet  distant  westerly  from  the  westerly 
line  of  San  Pablo  avenue  measured  at  a  right  angle  thereto;  thence 
along  the  easterly  line  of  the  said  Town  of  Emeryville  in  a  northerly 
direction,  running  parallel  with  and  730  feet  distant  westerly  from  said 
line  of  San  Pablo  avenue  to  the  southern  boundary  line  of  the  Town  of 
Berkeley,  thence  easterly  following  the  boundary  line  of  the  Town  of 
Berkeley  to  a  point  on  said  boundary  line  of  the  Town  of  Berkeley 
125  feet  distant  westerly  from  the  westerly  line  of  College  avenue — 
also  known  as  College  way — and  measured  at  right  angle  to  said 
line  of  College  avenue,  thence  in  a  southerly  direction  on  a  line  paral¬ 
lel  with  and  125  feet  distant  westerly  from  said  line  of  College  avenue 
a  distance  of  1600  feet,  thence  at  a  right  angle  to  said  line  of  College 
avenue  in  an  easterly  direction  to  and  across  said  College  avenue  to 
a  point  275  feet  distant  easterly  from  the  easterly  line  of  said  College 
avenue  and  measured  at  a  right  angle  thereto;  thence  in  a  southerly 
direction  along  a  line  parallel  with  and  275  feet  distant  easterly  from 
the  easterly  line  of  College  avenue  and  its  extension  and  measured 
at  a  right  angle  thereto,  to  a  point  on  the  southerly  line  of  Clifton 
street,  as  said  street  is  laid  dowm,  delineated  and  so  designated  on  a 
map  entitled  Map  of  Rock  Ridge,  etc.,  filed  in  the  office  of  the  Re¬ 
corder  of  Alameda  County  on  August  4th,  1879,  thence  in  an  easterly 
direction  along  said  line  of  Clifton  street  to  the  westerly  line  of  Mc- 
Adarn  street,  as  delineated  and  so  designated  on  aforesaid  Map  of 
Rock  Ridge;  thence  in  a  direct  line  due  south  to  the  line  dividing  plots 
Nos.  13  and  15,  as  said  plots  are  delineated  and  so  designated  on  a 
map  entitled  Map  of  the  Rancho  of  Vicente  and  Domingo  Peralta, 
etc.,  filed  in  the  office  of  the  Recorder  of  Alameda  County  on  Jan¬ 
uary  21st,  1857,  said  plot  line  is  the  western  boundary  line  of  the  St. 
Mary’s  Cemetery;  thence  along  said  plot  line  in  a  southwesterly  direc¬ 
tion  to  the  most  western  corner  of  said  plot  No.  15;  thence  in  a  south¬ 
easterly  direction  following  the  line  dividing  plots  Nos.  14  and  15  as 
shown  on  map  of  aforesaid  ranchos  (the  last  named  plot  line  being 
the  southwesterly  boundary  of  the  St.  Mary’s  and  Mountain  View 
Cemeteries)  to  the  westerly  line  of  Piedmont  Sanitary  District; 
thence  following  the  boundary  line  of  Piedmont  Sanitary  District  in 
a  southerly  and  then  in  a  southeasterly  direction  to  its  intersection 
with  the  said  northern  boundary  line  of  the  City  of  Oakland,  and  thence 
in  a  westerly  direction  along  the  said  boundary  line  of  the  City  of  Oak¬ 
land  to  the  place  of  beginning.] 

CHAPTER  III.— DIVISION  INTO  WARDS. 

[Note — The  ward  boundaries,  as  given  in  Section  6  of  the  Charter, 
are  here  omitted,  the  City  Council  having  redistricted  the  City  into 
wards  on  January  16,  1900,  by  its  Resolution  No.  25828,  passed  pursuant 


CITY  OF  OAKLAND,  CAL. 


II 


to  the  provisions  of  Section  25  of  the  Charter.  The  following  are  the 
boundaries  as  described  in  that  resolution.] 

Sec.  6  The  City  of  Oakland  shall  be  divided  into  seven  wards, 
the  respective  boundaries  of  which  shall  be  as  follows,  to-wit: 

FIRST  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north,  on  the 
east,  and  on  the  west  by  the  present  northern,  eastern  and  western 
boundary  lines,  respectively,  of  the  City  of  Oakland,  and  bounded  on  the 
south  by  the  northern  boundary  line  of  the  City  of  Oakland,  as  said 
northern  boundary  line  existed  immediately  prior  to  the  annexation 
of  new  territory  to  said  city  in  1897. 

SECOND  WARD. 

All  that  part  of  the  City  of  Oakland  bounded  on  the  north  by  the 
northern  boundary  line  of  the  City  of  Oakland,  as  said  northern  bound¬ 
ary  line  existed  immediately  prior  to  the  annexation  of  new  territory 
to  said  City  in  1897;  bounded  on  the  east  by  the  center  line  of  Broad¬ 
way  street;  bounded  on  the  south  by  a  line  described  as  follows; 
Commencing  at  the  point  of  intersection  of  the  center  line  of  Broad¬ 
way  street  with  the  center  line  of  Walnut  street;  thence  westerly 
along  the  center  line  of  Walnut  street,  and  the  center  line  of  Walnut 
street  produced  westerly,  to  the  center  line  of  Telegraph  avenue;  thence 
northerly  along  the  center  line  of  Telegraph  avenue  to  the  center  line  of 
Twenty-second  (22d)  street,  produced  easterly;  thence  westerly  along 
the  said  easterly  extension  of  the  center  line  of  said  Twenty-second 
(22nd)  street,  and  along  the  center  line  of  said  Twenty-second  (22nd) 
street,  and  along  the  westerly  extension  of  the  center  line  of  said 
Twenty-second  (22nd)  street  to  the  western  Charter  line  of  the  City 
of  Oakland;  and  bounded  on  the  west  by  the  western  Charter  line  of 
the  City  of  Oakland. 

THIRD  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north  by  a 
line  described  as  follows:  Commencing  at  the  point  of  intersection  of 
the  western  Charter  line  of  the  City  of  Oakland  with  the  center  line 
of  Twenty-second  (22nd)  street  produced  westerly,  as  aforesaid,  and 
along  the  center  line  of  said  Twenty-second  (22nd)  street,  and  the 
center  line  of  Twenty-second  (22nd)  street  produced  westerly,  to  the 
center  line  of  Telegraph  avenue;  thence  southerly  along  the  center  line 
of  Telegraph  avenue  to  the  center  line  of  Walnut  street  produced 
westerly,  and  thence  easterly  along  the  center  line  of  Walnut  street 
produced  westerly,  as  aforesaid,  and  the  center  line  of  Walnut  street, 
and  the  center  line  of  Walnut  street  to  the  center  line  of  Broadway 
street;  bounded  on  the  east  by  the  center  line  of  Broadway  street; 


12 


CHARTER  OP  THE 


bounded  on  the  south  by  a  line  described  as  follows:  Com¬ 
mencing-  at  the  point  of  intersection  of  the  center  line  of  Broadway 
street  with  the  center  line  of  Sixteenth  (16th)  street  produced  easterly; 
thence  westerly  along  the  center  line  of  Sixteenth  (16th)  street  produced 
easterly,  as  aforesaid,  and  along  the  center  line  of  said  Sixteenth  (16th) 
street  to  the  center  line  of  Jefferson  street;  thence  southerly  along  the 
center  line  of  Jefferson  street  to  the  center  line  of  Fifteenth  (15th) 
street;  thence  westerly  along  the  center  line  of  Fifteenth  (15th)  street, 
and  the  center  line  of  Fifteenth  (15th)  street  produced  westerly  to  the 
center  line  of  Market  street;  thence  southerly  along  the  center  line  of 
Market  street  to  the  center  line  of  Twelfth  (12th)  street,  and  thence 
westerly  along  the  center  line  of  Twelfth  street,  and  the  center  line  of 
Twelfth  street  produced  westerly  to  the  center  line  of  Kirkham  street; 
thence  southerly  along  the  center  line  of  Kirkham  street  to  the  center 
line  of  Twelfth  street  produced  easterly;  thence  westerly  along  the 
center  line  of  Twelfth  street  produced  easterly,  as  aforesaid,  and  the 
center  line  of  Twelfth  street,  and  the  center  line  of  Twrelfth  street  pro¬ 
duced  westerly  to  the  center  line  of  Center  street;  thence  northerly 
along  the  center  line  of  Center  street  to  the  center  line  of  Twelfth 
street  produced  easterly;  thence  -westerly  along  the  center  line  of 
Twelfth  street  produced  easterly,  as  aforsaid,  and  along  the  center 
line  of  Twelfth  street,  and  the  center  line  of  Twelfth  street  produced 
westerly,  to  the  western  Charter  line  of  the  City  of  Oakland,  and 
bounded  on  the  west  by  the  western  Charter  line  of  the  City  of  Oak¬ 
land. 

FOURTH  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north  by  a  line 
described  as  follows:  Commencing  at  the  point  of  intersection  of  the 
western  Charter  line  of  the  City  of  Oakland  with  the  center  line  of 
Twelfth  street  produced  westerly  to  said  Charter  line;  thence  easterly 
along  the  center  line  of  said  Twelfth  (12th)  street  produced  westerly, 
as  aforesaid,  and  along  the  center  line  of  said  Twelfth  street,  and  the 
center  line  of  Twelfth  street  produced  easterly  to  the  center  line  of 
Center  street;  thence  southerly  along  the  center  line  of  Center  street 
to  the  center  line  of  Twelfth  street  produced  westerly;  thence  easterly 
along  the  center  line  of  Twelfth  (12th)  street  produced  westerly,  as 
aforesaid,  and  along  the  center  line  of  Twelfth  street  and  the  center 
line  of  Twelfth  (12th)  street  produced  easterly,  to  the  center  line  of 
Kirkham  street;  thence  northerly  along  the  center  line  of  Kirkham 
street  to  the  center  line  of  Twelfth  street,  produced  westerly;  thence 
easterly  along  the  center  line  of  Twelfth  street  produced  westerly,  as 
aforesaid,  and  the  center  line  of  Twelfth  street  to  the  center  line  of 
Market  street;  thence  northerly  along  the  center  line  of  Market  street 
to  the  center  line  of  Fifteenth  (15th)  street  produced  westerly;  thence 
easterly  along  the  center  line  of  Fifteenth  (15th)  street  produced 
westerly,  as  aforesaid,  and  the  center  line  of  Fifteenth  (15th)  street 


CITY  OF  OAKLAND,  CAL. 


13 


to  the  center  line  of  Jefferson  street;  bounded  on  the  east  by  the 
center  line  of  Jefferson  street;  bounded  on  the  south  by  the  center 
line  of  Seventh  (7th)  street,  and  the  center  line  of  Seventh  street  pro¬ 
duced  westerly  to  the  western  Charter  line  of  the  City  of  Oakland,  and 
bounded  on  the  west  by  the  western  Charter  line  of  the  City  of  Oakland. 

FIFTH  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north  by  the 
northern  boundary  line  of  the  City  of  Oakland  as  said  northern 
boundary  line  existed  immediately  prior  to  the  annexation  of  new 
territory  to  said  City  in  1897;  bounded  on  the  east  by  the  line  dividing 
Oakland  Township  from  Brooklyn  Township;  bounded  on  the  south 
by  the  center  line  of  Eighth  (8th)  street,  and  the  center  line  of  Eighth 
(8th)  street  produced  easterly  to  the  line  dividing  Oakland  Township 
from  Brooklyn  Township;  and  bounded  on  the  west  by  a  line  described 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  line 
of  Eighth  street  with  the  center  line  of  Jefferson  street;  thence  north¬ 
erly  along  the  center  line  of  J,efferson  street  to  the  center  line  of  Six¬ 
teenth  (16th)  street;  thence  easterly  along'  the  center  line  of  Sixteenth 
(16th)  street  and  the  center  line  of  Sixteenth  (16th)  street  produced 
easterly,  to  the  center  line  of  Broadway  street;  thence  northerly  along 
the  center  line  of  Broadway  street  to  the  said  northern  boundary  line 
of  the  City  of  Oakland  as  said  northern  boundary  line  existed  imme¬ 
diately  prior  to  the  annexation  of  new  territory  to  said  City  in  1897. 

SIXTH  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north  by  a 
line  described  as  follows:  Commencing  at  the  point  of  intersection 
of  the  western  Charter  line  of  the  City  of  Oakland  with  the  center 
line  of  Seventh  (7th)  street  produced  westerly  to  said  Charter  line; 
thence  easterly  along  the  center  line  of  said  Seventh  (7th)  street  pro¬ 
duced  westerly,  a§  aforesaid,  and  along  the  centr  line  of  said  Seventh 
(7th)  street  to  the  center  line  of  Jefferson  street;  thence  northerly 
along  the  center  line  of  Jefferson  street  to  the  center  line  of  Eighth 
(8th)  street;  thence  easterly  along  the  center  line  of  Eighth  (8th)  street, 
and  its  projection  easterly,  to  the  line  dividing  Oakland  Township  from 
Brooklyn  Township;  bounded  on  the  east  by  the  line  dividing  Oakland 
Township  from  Brooklyn  Township;  and  bounded  on  the  south  and  on 
the  west  by  the  Charter  line  of  the  City  of  Oakland. 

SEVENTH  WARD. 

All  that  part  of  the  City  of  Oakland,  bounded  on  the  north,  on  the 
east,  and  on  the  south  by  the  Charter  line  of  the  City  of  Oakland,  and  on 
the  West  by  the  line  dividing  Oakland  Township  from  Brooklyn  Town¬ 
ship. 


14 


CHARTER  OF  THE 


ARTICLE  II. 

Elections 


Sec.  7.  General  Municipal  Elections  shall  be  held  biennially,  on 
the  second  Monday  in  March,  commencing  with  the  second  Mon¬ 
day  in  March  next  after  the  adoption  of  this  amendment.  At  each 
such  general  municipal  election  there  shall  be  elected  a  Mayor,  who 
shall  be  ex-officio  a  Commissioner  of  Public  Works,  eleven  members 
of  the  Council,  eleven  members  of  the  Board  of  Education,  an  Auditor, 
who  shall  be  ex-officio  Assessor,  a  Treasurer,  who  shall  be  ex-officio 
Tax  Collector,  a  City  Attorney  who  shall  be  ex-officio  a  Commissioner 
of  Public  Works,  and  a  City  Engineer  wTho  shall  be  ex-officio  a  Com¬ 
missioner  of  Public  Works. 

[Note  1 — This  section,  together  writh  sections  46,  63  and  72,  was 
amended  at  an  election  held  January  26,  1895,  and  such  amendment 
was  approved  by  the  Legislature  January  31,  1895.  The  original  Sec¬ 
tion  7  was  as  follows:  General  municipal  elections  shall  be  held  bien¬ 
nially  on  the  second  Monday  in  March,  commencing  with  the  second 
Monday  in  March  next  after  the  adoption  of  this  Charter.  At  each 
general  election  there  shall  be  elected  a  Mayor,  eleven  members  of  the 
Council,  eleven  members  of  the  Board  of  Education,  an  Auditor,  who 
shall  be  ex-officio  Assessor,  a  Treasurer,  who  shall  be  ex-officio  Tax 
Collector,  a  Police  Judge  and  two  Justices  of  the  Peace.] 

[Note  2 — Under  this  section,  municipal  elections  are  held  in  odd 
numbered  years.] 

Sec.  8  The  provisions  of  Title  II.,  Part  III.,  of  the  Political  Code 
relating  to  elections,  and  all  laws  amendatory  thereof  and  supple¬ 
mental  thereto,  and  all  rights,  duties,  liabilities  and  restrictions  arising 
thereunder,  not  inconsistent  with  the  provisions  of  this  Charter,  are 
hereby,  so  far  as  the  same  can  be  applied,  made  .  applicable  to  all 
municipal  elections;  and  the  respective  officers  of  the  city  shall  have, 
possess  and  perform  such  powers  and  duties  in  all  matters  relating  to 
municipal  elections  as  are  by  law  conferred  or  imposed  upon  county 
officers  and  officers  of  election  in  State  and  county  elections,  and  to 
that  end  all  rights,  powers  and  duties  so  by  law  conferred  or  imposed 
upon  the  Board  of  Supervisors  are  hereby  conferred  upon  the  Council; 
and  all  rights,  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Clerk  are  hereby  conferred  and  imposed  upon  the  City 
Clerk,  except  as  in  this  Charter  provided. 

[Note  1 — Charter  provisions  prevail  over  general  election  law.  See 
People  vs.  Hill,  125  Cal.  p.  16.] 

[Note  2 — The  provision  of  the  general  law,  referred  to  in  this 
section  are  to  be  found  in  Secs.  1041  to  1365  of  the  Political  Code.] 


CITY  OF  OAKLAND,  CAL. 


15 


Sec.  9.  In  establishing  election  precincts  the  Council  shall  make 
them  as  geographically  compact  as  possible,  and  so  that  no  precinct 
shall  have  more  than  four  hundred  electors  therein. 

[Note — See  Fragley  vs.  Phelan,  126  Cal,  page  397.] 

Sec.  10.  Only  such  persons  residing  in  the  City,  whose  names 
appear  upon  the  Great  Register  of  Alameda  county  at  the  time  of  any 
municipal  election,  shall  be  entitled  to  vote  at  such  election;  and  to 
this  end  and  extent  said  Great  Register  is  hereby  adopted  as  the  reg¬ 
ister  of  voters  in  and  for  the  City.  The  Council  shall  cause  authenti- 
cated  copies  of  such  Great  Register  to  be  made  and  used  at  and  for 
all  municipal  elections. 

Sec.  11.  The  certificates  of  election  issued  by  the  City  Clerk  must 
be  authenticated  with  the  seal  of  the  City.  No  other  authentication 
shall  be  necessary. 

[Note  1 — See  statutes  1899,  page  63,  for  law  governing  Charter 
amendment  elections.] 

[Note  2 — A  City  Charter  framed  and  adopted  under  Sec.  8,  Art.  XI. 
of  our  Constitution,  can  be  amended  at  intervals  of  not  less  than  two 
years  in  the  manner  and  by  the  vote  provided  in  such  Constitution. 

Such  a  Charter  can  be  changed  by  amendment  only,  and  not  by 
the  adoption  of  a  new  Charter.  Blanchard  vs.  Hartwell,  131  Cal.  263.] 


ARTICLE  III. 

Legislative  Department. 


Sec.  12.  The  Legislative  power  of  the  City  of  Oakland  shall  be 
vested  in  a  Council  of  eleven  members,  whose  terms  of  office  shall  be 
two  years. 

Sec.  13.  One  member  of  the  Council  shall  be  elected  from  each  of 
the  seven  wards  of  the  City,  each  of  whom  shall,  at  the  time  of  his  elec¬ 
tion,  be  a  resident  of  the  ward  from  which  he  is  elected.  Four  mem¬ 
bers  of  the  Council  shall  be  elected  from  the  city  at  large,  but  no  two 
of  the  latter  shall,  at  the  time  of  election,  be  residents  of  the  same  ward. 

Sec.  14.  The  Council  shall  meet  on  the  second  Monday  after  the 
election  of  its  members  shall  have  been  officially  declared,  and  at  such 
other  times  as  may  be  designated  by  resolution  or  ordinance.  Special 
meetings  may  be  called  by  the  Mayor,  the  President  of  the  Council  or 
five  members  of  the  Council.  Seven  members  of  the  Council  shall  be 
a  quorum,  and  the  affirmative  vote  of  six  members  shall  be  necessary 
■to  pass  any  measure,  but  a  less  number  than  seven  may  adjourn  from 


i6 


CHARTER  OF  THE 


day  to  day  and  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  the  Council  may  prescribe. 

Sec.  15.  The  Council  shall  annually  elect  a  President  from  its 
own  members,  who  may  be  removed  by  an  affirmative  vote  of  not  less 
than  nine  members  of  the  Council.  > 

Sec.  16.  The  Council  shall  establish  rules  for  its  proceedings.  It 
shall  have  the  power  to  punish  its  members  for  disorderly  conduct  in 
its  presence,  and  may  expel  any  member  for  malfeasance  in  office  by 
an  affirmative  vote  of  nine  of  its  members.  The  Council  shall  also 
have  the  power  to  compel  the  attendance  of  witnesses,  and  the  pro¬ 
duction  of  all  papers  relating  to  any  business  properly  before  that  body. 

Sec.  17.  The  President  of  the  Council  and  the  Chairman  of  each 
committee  thereof  shall  have  the  power  to  administer  oaths  and  affir¬ 
mations  relating  to  any  business  brought  before  the  Council  or  under 
consideration  by  its  committees. 

Sec.  18.  No  ordinance  shall  be  amended  by  reference  only  to  its. 
title;  but  when  any  ordinance  is  amended,  the  section  or  sections 
thereof  shall  be  re-enacted  at  length,  as  amended. 

[Note — As  to  legal  effect  of  amendments  see  Fletcher  vs.  Prather, 
102  Cal.  413.] 

Sec.  19.  Every  ordinance  shall  embrace  but  one  subject,  which 
shall  be  clearly  indicated  in  the  title.  In  all  cases  where  the  subject  is 
not  so  expressed  in  the  title,  the  ordinance  shall  be  void  as  to  the 
matter  not  expressed  in  the  title. 

[Note — It  is  enough  if  the  title  of  the  ordinance  to  be  amended  is 
recited;  it  is  not  necessary  that  the  subject  of  the  particular  section 
amended  shall  be  stated  in  the  title  of  the  amendatory  ordinance. 
See  People  vs.  Parvin,  74  cal.  549.] 

Sec.  20.  When  any  bill  is  put  upon  its  final  passage  and  fails  to 
pass,  if  a  motion  is  made  to  reconsider,  the  vote  upon  such  motion 
shall  not  be  taken  until  the  next  meeting  of  the  Council.  No  bill  for 
the  grant  of  any  franchise  shall  be  put  on  its  final  passage  within 
thirty  days  after  its  introduction. 

Sec.  21.  Every  bill,  after  it  has  passed  the  Council,  shall  be  signed 
by  the  President  thereof,  and  every  bill  which  shall  have  passed  the 
Council,  and  have  been  thus  authenticated,  shall  be  presented  to  the 
Mayor  for  his  approval.  The  Mayor  shall  return  such  bill  to  the 
Council  within  ten  days  after  receiving  it.  If  he  shall  sign  the  same, 
it  shall  then  become  an  ordinance;  but  if  he  shall  disapprove  the  bill,  he 
shall  state  his  objection  thereto  in  writing.  If  the  bill  is  not  returned 
with  such  approval  or  disapprovel  within  the  time  specified,  it  shall 
take  effect  as  if  he  had  approved  the  same. 

[Note — See  County  of  San  Diego  vs.  Seifert,  97  Cal.  594.] 

Sec.  22.  When  a  bill  is  returned  without  the  approval  of  the 
Mayor,  the  Council  shall,  within  thirty  days  thereafter,  proceed  to 
consider  and  vote  on  the  same.  If  the  bill  is  again  passed  by  an 


CITY  OP  OAKLAND,  CAL. 


17 


affirmative  vote  of  not  less  than  eight  members,  it  shall  take  effect 
as  if  the  Mayor  had  approved  the  same.  If  the  bill  shall  fail,  on  being 
so  considered,  to  receive  eight  affirmative  votes,  it  shall  then  be  finally 
lost.  The  vote  shall  be  taken  by  ayes  and  noes,  and  the  result  shall 
be  entered  in  the  minutes  of  the  Council. 

Sec.  23.  The  action  of  the  Council  shall  be  by  ordinance  or  reso¬ 
lution.  To  constitute  an  ordinance  a  bill  must,  before  final  action 
thereon,  be  passed  to  print  and  published  with  the  ayes  and  noes  for 
ten  days;  and  in  case  of  any  amendment  being  thereafter  made,  must 
in  like  manner  be  republished  as  amended  for  not  less  than  five  days. 
No  action  providing  for  any  specific  improvement  or  the  granting  of 
any  privilege  or  involving  the  lease,  appropriations  or  disposition  of 
public  property  or  the  expenditure  of  public  money  (except  sums  of 
less  than  $500)  or  the  levying  of  any  tax  assessment,  or  the  imposing 
of  any  new  duty  or  penalty  shall  be  taken  except  by  ordinance.. 

[Note — See  County  of  San  Diego  vs.  Seifert,  97  Cal.  559-600; 
also  Stat.  1897,  p.  190.] 

Sec.  24.  No  ordinance  passed  by  the  Council  shall  take  effect 
until  ten  days  after  its  passage  and  approval,  unless  otherwise  pro¬ 
vided  in  the  enactment. 

Sec.  25.  The  Council  shall,  in  the  year  1890,  and  every  tenth  year 
thereafter,  redistrict  the  city  into  seven  wards,  making-  the  same  as 
nearly  equal  in  population  and  as  geographically  compact  as  possible, 
but  the  City  shall  not  be  redistricted  within  ninety  days  previous  to 
any  municipal  election. 

[Note  1 — This  section  was  construed  in  ex  rel  Cuff  vs.  City  of  Oak¬ 
land,  123  Cal.  page  598.] 

[Note  2 — Under  the  provisions  of  this  section,  the  Council  redis¬ 
tricted  the  City  January  15,  1900,  by  its  Resolution  No.  25828.  See  Sec. 
6  of  this  Charter,  ante,  and  notes  connected  therewith.] 

Sec.  26.  The  Council  shall,  during  the  first  year  after  its  organi¬ 
zation  under  this  Charter,  cause  all  ordinances  then  in  force  to  be 
classified  under  appropriate  heads,  and  shall  provide  for  the  publica¬ 
tion  of  the  same  in  book  form.  Every  officer  of  the  City  shall  be 
entitled  to  one  copy  of  such  ordinances,  without  charge;  and  every 
citizen  applying  for  a  copy,  shall  be  entitled  to  the  same  at  cost  of 
publication.  The  Council  shall,  every  three  years  after  the  publica¬ 
tion,  as  herein  provided,  cause  all  the  ordinances  at  that  time  in  force 
to  be  compiled,  and  shall  publish  the  same,  subject  to  the  terms  and 
conditions  herein  expressed. 

Sec.  27.  The  enacting  clause  of  all  ordinances  shall  be  in  these 
words.  “Be  it  ordained  by  the  Council  of  the  City  of  Oakland  as  fol¬ 
lows:  ” 

Sec.  28.  No  contract  for  lighting  streets,  public  buildings,  places 
or  offices  shall  be  made  for  a  longer  period  than  one  year;  nor  shall 
any  contract  be  made  to  pay  for  gas,  electric  lights  or  any  other  illu- 


i8 


CHARTER  OF  THE 


minating  material  at  a  higher  rate  than  is  charged  to  any  other  con¬ 
sumer. 

[Note — For  general  law  as  to  lighting  contracts  in  municipalities 
see  Statutes  1897,  p.  210.  The  action  of  the  Council  calling  for  bids 
may  be  by  ordinance  or  resolution,  but  the  award  of  contract  must  be 
by  ordinance.] 

[Note — See  also  Secs.  4412-13,  Political  Code.] 

Sec.  29.  No  contract  for  the  supplying  of  water  for  the  use  of  the 
municipality  in  any  of  its  departments  shall  be  made,  wherein  the 
rates  exceed  those  charged  to  other  consumers. 

[Note — See  also  Secs.  4412-13,  Political  Code;  also  Sec.  31,  sub.  41 
post.] 

Sec.  30.  All  contracts  must  be  in  writing,  executed  in  the  name 
of  the  City,  and  by  an  officer  authorized  to  make  the  same.  The  form 
and  legality  of  all  contracts  shall  be  submitted  to,  and  passed  upon  by 
the  City  Attorney.  Every  contract  must  be  countersigned  by  the 
Auditor,  numbered  and  registered  in  a  book  kept  for  that  purpose. 

Sec.  31.  The  Council  shall  have  power  to  pass  ordinances: 

1.  To  establish  or  alter  the  grades  of  and  to  open,  lay  out,  close, 
straighten,  widen  or  otherwise  improve  or  _  regulate  streets,  alleys, 
lanes  and  sidewalks  upon  the  same,  determine  the  width  of  sidewalks 
and  streets  and  the  grade  of  the  same,  and  to  provide  for  acceptance 
of  the  streets  when  constructed  and  completed  in  accordance  with 
such  regulations  as  the  Council  may  adopt.  Also  to  open,  lay  out  and 
construct,  alter,  repair  and  vacate  walks,  crosswalks,  avenues  and 
thoroughfares  in  or  over  any  plaza,  park  or  grounds  belonging  to  or 
under  the  control  of  the  City. 

2.  To  regulate  or  prohibit  traffic  and  sales  in  streets,  highways  and 
public  places;  to  prevent  encroachments  upon  or  obstructions  to  the 
same,  and  to  require  their  removal. 

3.  To  regulate  the  laying  of  telegraph  or  telephone  wires  in  or 
upon  the  public  streets,  erecting  of  gas  and  electric  lights  therein,  the 
numbering  of  houses  on  the  streets  and  avenues;  the  naming  of  the 
streets,  avenues,  public  places  and  thoroughfares;  the  crossing  of 
streets,  avenues,  sidewalks  and  gutters;  the  use  of  streets  and  sidewalks 
for  signs,  sign-posts,  awnings,  awning  posts,  horse-troughs,  telegraph 
posts  and  other  purposes;  the  exhibiting  of  banners,  placards  or  flags 
in  or  across  the  street  or  from  houses  or  other  buildings;  public  cries, 
advertising  or  other  noises,  steam  whistles  and  the  ringing  of  bells 
in  the  streets;  the  use  of  the  streets  and  public  places  for  foot  pas¬ 
sengers,  animals,  vehicles,  cars  and  locomotives. 

[Note — Streets  include  sidewalks.  87  Cal.,  page  94.] 

4.  To  regulate  the  building  and  repairing  of  sewers;  and  it  shall 
establish,  through  the  Board  of  'Public  Works,  a  general  and  compre¬ 
hensive  system  of  sewers  in  the  city. 

5.  To  provide  for  and  regulate  street  pavements,  crosswalks, 


CITY  OP  OAKLAND,  CAL. 


19 


curbstones,  grades,  gutters,  sewers,  lighting  and  watering  of  the 
streets,  avenues  and  public  places. 

[Note — See  also  note  preceding  Section  101  of  this  Charter  post; 
also  Sections  28  and  29  ante.] 

6.  To  regulate  dispensaries,  hospitals,  markets  and  other  public 
institutions. 

7.  To  provide  for  the  construction  and  repair  of  bridges,  wharves, 
docks,  piers,  slips,  ferries  and  public  places. 

8.  To  fix,  regulate  and  collect  tolls,  wharfage  and  dockage. 

9.  To  regulate,  under  the  superintendence  of  the  Board  of  Public 
Works,  the  moving  and  anchoring  of  vessels  within  the  waters  of  the 
city,  and  to  prevent  obstruction  to  the  free  navigation  of  the  same. 

10.  To  make  regulations  for  preventing  and  extinguishing  fires, 
establishing  fire  districts,  preventing  the  erection  or  repairing  of 
wooden  buildings  or  any  buildings  composed  of  combustible  material 
therein,  and  for  restricting  the  height  of  buildings  or  structures. 

[Note — A  fence  erected  wholly  upon  the  land  of  one  person  is 
not  a  division  fence  within  the  meaning  of  the  act  of  March  9th,  1895, 
limiting  the  height  of  division  fences  and  partition  walls  in  cities 
and  towns,  and  an  adjoining  property  cannot  enjoin  it  as  a  nuisance 
merely  because  it  obstructs  the  passage  of  light  and  air  to  his  building. 
The  English  doctrine  of  “ancient  lights”  does  not  obtain  in  this  country; 
and  the  Legislature  cannot  vest  in  an  adjoining  proprietor  the  right  to 
prevent  his  neighbor  from  building  upon  his  own  land  such  structure 
as  he  may  see  fit,  provided  it  is  not  a  nuisance.  Ingwersen  vs.  Barry, 
118  Cal.  342.] 

11.  To  declare  what  shall  constitute  a  nuisance  and  abate  the  same. 

12.  To  provide  and  maintain  a  morgue. 

13.  To  prohibit  or  suppress  all  house  of  ill-fame,  all  occupations, 
houses,  places  of  amusement,  exhibitions  and  practices  which  are 
against  good  morals,  and  contrary  to  public  order  and  decency,  or 
dangerous  to  the  public  safety. 

14.  To  regulate  or  prohibit  the  sale,  storage  and  use  of  powder, 
fireworks,  dynamite,  nitro-glycerine  and  other  explosives  or  com¬ 
bustible  materials  and  substances,  the  places  of  their  manufacture, 
storage  and  their  transportation. 

15.  To  regulate  the  maintenance  of  acid  works,  slaughter  houses, 
wash-houses,  laundries,  tanneries,  offensive  trades,  and  all  other  manu¬ 
factories,  works  and  business  of  every  description,  that  may  endanger 
the  public  safety,  health  or  comfort,  and  to  restrict  the  prosecution 
thereof  to  such  fixed  limits  as  may  seem  proper,  or  exclude  such 
works  and  business  from  the  city. 

16.  To  prevent  or  regulate  the  running  at  large  of  any  animals,  to 
establish  a  pound,  and  to  authorize  the  destruction  or  impounding  of 
any  animals  running  at  large. 

17.  To  provide  for  the  public  printing,  and  to  provide  suitable 


20 


CHARTER  OF  THE 


rooms  and  buildings  for  the  Courts,  Boards,  and  officers  of  the  City, 
and  such  furniture,  fuel,  lights,  and  stationery,  and  other  supplies  of 
any  kind  as  are  necesseary  for  the  convenient  transaction  of  public 
business,  all  of  which  shall  be  provided  by  the  Board  of  Public  Works 
upon  requisition  of  the  Council,  when  the  expenditure  to  be  incurred 
may  exceed  $100.  The  Council  shall  annually,  at  its  first  regular 
meeting  in  May,  make  such  requisition  for  whatever  it  shall  judge 
necessary  for  the  ensuing  fiscal  year,  and  shall  make  other  requisitions 
from  time  to  time  as  occasion  may  require.  The  requisitions  shall 
state  in  clear  and  explicit  terms  the  quantity  and  kind  of  supplies 
material  or  work  needed,  and  how,  when,  and  where  to  be  delivered 
or  performed. 

18.  To  regulate  the  construction,  repair  and  use  of  sewers,  sinks, 
gutters,  wells,  cesspools,  and  vaults,  and  to  compel  the  connecting, 
cleaning  or  emptying  of  the  same,  and  to  designate  the  time  and  man¬ 
ner  in  which  the  work  shall  be  done. 

19.  To  prevent  throwing  into  any  stream,  creek,  bay,  or  any  body 
of  water,  from  vessels,  wharves  or  other  places,  any  dirt,  ballast,  ashes, 
garbage,  dead  animals,  or  other  materials  that  may  obstruct  the  same 
or  pollute  the  waters  thereof. 

20.  To  regulate  or  prohibit  the  use  of  steam  boilers,  the  location 
of  telegraph  and  telephone  poles  and  wires,  awnings,  and  the  con¬ 
struction  of  entrances  to  cellars  and  basements  from  sidewalks. 

21.  To  establish  hack  stands,  and  regulate  the  rates  of  charges  of 
hacks  and  other  licensed  vehicles. 

22.  To  regulate  the  entrance  to  and  exit  from  theatres,  lecture 
rooms,  public  halls  and  churches,  and  the  number  and  construction  of 
such  entrances  and  exits,  and  to  prohibit  the  placing  of  chairs,  stools, 
benches  and  other  obstacles  in  the  aisles  of  such  buildings. 

23.  To  maintain  and  regulate  a  fire  alarm  and  police  telegraph. 

24.  To  regulate  and  control  the  business  of  pawnbrokers,  junk 
dealers,  intelligence  offices,  and  prescribe  the  mode  of  conducting  the 
same. 

25.  To  fix  and  determine,  annually,  the  rates  of  compensation  to 
be  collected  by  any  person,  company  or  corporation  in  the  City,  for 
the  use  of  water  supplied  to  the  City  or  the  inhabitants  thereof,  and 
to  prescribe  penalties  for  the  violation  of  all  ordinances  passed  in 
reference  to  matters  contained  in  this  sub-division. 

[Note — The  Constitution,  Art.  XIV.,  Sec.  1,  provides  that  water 
rates  shall  be  fixed  annually  by  the  Council  in  the  month  of  February, 
to  take  effect  on  the  first  day  in  July  thereafter.  Such  rates  are  to  be 
fixed  "by  ordinance  or  otherwise,  in  the  manner  that  other  ordinances 
or  legislative  acts  or  resolutions  are  passed  by  such  body,  and  shall 
continue  in  force  for  one  year  and  no  longer.”  As  to  annual  state¬ 
ment  required  from  Water  Companies,  see  Stats.  1881,  p.  54;  see 
also  S.  V.  W.  W.  vs.  San  Francisco,  82  Cal.  286,  and  San  Diego  W.  Co. 
vs.  San  Diego,  118  Cal.  556.] 


CITY  OF  OAKLAND,  CAL. 


21 


26.  To  regulate  the  quality,  capacity  and  location  of  water  and 
gaspipes,  mains  and  fire-plugs,  and  to  provide  for  and  regulate  the 
construction  and  repair  of  hydrants,  fire-plugs,  cisterns,  pumps  and 
such  other  appliances  as  may  be  requisite  to  utilize  the  distribution  of 
water  and  gas  in  the  streets,  public  places  and  public  buildings. 

27.  To  regulate  the  speed  of  railway  engines,  and  to  require  rail¬ 
road  companies  either  to  station  flagmen  or  place  sufficient  automatic 
warning  signals  and  signal  bells  at  street  crossings. 

28.  To  grant  franchises  permitting  any  company  or  corporation 
to  lay  and  maintain  tracks  and  to  pass  with  steam  railroads  along, 
upon  and  across,  or  elevated  above  or  placed  below  any  streets  of  the 
City,  provided,  that  the  free  use  of  the  said  streets  shall  not  be  un¬ 
necessarily  obstructed  thereby,  and  that,  except  in  that  portion  of  the 
City  which  is  designated  in  the  following  subdivision  of  this  Section, 
such  franchise  shall  be  granted  only  after  notice  published  for  two 
weeks  and  by  ordinance  passed  by  the  votes  of  two-thirds  of  the  mem¬ 
bers  of  the  Council,  and  upon  the  previous  petition  in  writing  of  the 
owners  of  two-thirds  of  the  front  feet  of  lands  upon  that  part  of  the 
street  to  be  used.  Such  grants  shall  be  without  prejudice  to  the  rights 
of  non -consenting  owners  to  compensation  for  damages. 

[Note — See  Civil  Code,  Sec.  470,  City  of  South  Pasadena  vs.  L.  A. 
T.  Ry.  Co.,  109  Cal.  315.] 

29.  It  shall  be  the  duty  of  the  Council,  and  the  Council  is  hereby 
required  to  grant  to  any  railroad  company  or  corporation  applying 
therefor,  a  franchise  to  lay  and  maintain  tracks  along  any  line  selected 
by  the  applicant  and  to  pass  with  steam  railroads  along,  upon  and 
across  or  elevated  above  or  placed  below  any  street  or  streets  within 
that  portion  of  the  City  which  lies  west  and  south  of  a  dividing  line 
commencing  at  the  point  where  the  east  line  of  Halleck  street  inter¬ 
sects  the  present  Charter  line  of  the  City,  and  running  thence  south¬ 
wardly  in  a  straight  line  to  the  northwesterly  corner  of  Block  No.  770; 
thence  southwardly  along  the  east  side  of  Wood  street  to  the  north¬ 
easterly  corner  of  Taylor  and  Wood  streets;  thence  on  a  curve  with 
a  radius  of  three  quarters  of  a  mile  to  a  point  wffiere  said  curve  inter¬ 
sects  the  south  line  of  the  right  of  way  of  the  Western  Pacific  Rail¬ 
road  Company,  now  occupied  by  the  Southern  Pacific  Company,  near 
the  foot  of  Cypress  street  extended  southwardly,  and  thence  along 
the  said  line  of  said  right  of  way  of  the  Western  Pacific  Railroad  Com¬ 
pany  until  the  same  intersects  the  present  eastern  Charter  line  of  the 
City.  And  in  case  that  the  limits  of  the  City  be  hereafter  extended 
northwardly  and  eastwardly,  the  said  dividing  line  shall  be  extended 
northwardly  to  the  northern  limit  of  the  City,  keeping  parallel  with 
and  300  feet  east  of  the  right  of  way  of  the  Northern  Railway  Com- 
pany,  and  shall  be  extended  eastwardly  to  the  eastern  limit  of  the  City, 
keeping  along  the  southerly  line  of  said  right  of  way  of  the  Western 
Pacific  Railroad  Company. 

And  the  Council  shall,  upon  said  portion  of  the  City,  grant  equal 
privileges,  subject  to  the  general  laws  of  the  State  of  California,  to  all 


22 


CHARTER  OP  THE 


railroad  companies  or  corporations  to  enter  the  City  and  operate  and 
maintain  railroads  for  the  convenience  of  the  public  to  and  upon  the 
water  front  of  the  City;  and  shall  grant  to  such  companies  or  corpora- 

i 

tions,  without  discrimination  between  them,  the  right  to  construct  and! 
maintain  freight  and  passenger  depots,  engine  houses,  workshops* 
wharves,  docks,  slips,  ferries,  landing  places  and  other  terminal  facil¬ 
ities;  provided,  that  no  franchise  for  right  of  way  exceeding  50  feet  in 
width,  and  no  franchise  for  terminal  faclities  upon  land  exceeding  1000 
feet  of  frontage  on  the  water  front  shall  be  granted  to  any  one  com¬ 
pany  or  corporation,  or  to  any  companies  or  corporations  under  one 
management  or  control. 

30.  The  Council  shall,  upon  the  portion  of  the  City  designated  in 
the  preceding  subdivision  of  this  section  grant,  subject  to  general 
laws,  to  all  companies  or  corporations  desiring  to  acquire  or  con¬ 
demn  property  for  public  uses,  equal  privileges  to  construct  and  main¬ 
tain  wharves,  docks,  slips,  landing  places,  ferries,  warehouses  and 
other  property  devoted  to  public  uses,  but  not  upon  land  exceeding 
1000  feet  of  frontage  upon  the  water  front  to  any  one  company  or 
corporation,  or  to  any  companies  or  corporations  under  one  manage¬ 
ment  or  control. 

31.  The  Council,  as  soon  as  practicable,  shall  cause  to  be  pre¬ 
pared  by  the  Board  of  Public  Works  a  map  of  all  that  portion  of  the 
City  which  lies  west  and  south  of  the  dividing  line  aforesaid,  upon 
which  map  it  shall  lay  out  a  general  and  complete  plan  of  harbor 
improvement  and  designate  what  lands  are  necessary  for  the  public 
uses  of  avenues  or  highways  to  the  water  front,  and  for  terminal  facil¬ 
ities  for  railroads  and  for  open  slips,  canals  and  docks  for  the  accom¬ 
modation  of  vessels  and  for  public  wharves,  landing  places,  warehouses 
and  other  public  uses;  and  all  franchises  granted  under  subdivisions  29 
and  30  of  this  section  shall  be  made  to  conform  to  the  said  plan. 

32.  The  grant  of  a  franchise  under  subdivisions  28  to  30,  inclus¬ 
ive,  shall  be  a  delegation  of  the  right  to  condemn  private  property  for 
public  uses  upon  compensation  being  made  therefor  as  provided  by  law. 

33.  To  grant  the  right  to  construct  and  to  regulate  and  control 
the  construction  thereof  to  railroad  corporations,  of  pipes,  tubes,  con¬ 
duits,  signal  bells,  warning  signs,  wires  and  other  electric,  telegraph 
and  mechanical  appliances  in,  along,  over  and  across  the  streets;  pro¬ 
vided,  that  said  appliances  be  so  constructed  as  not  to  interfere  with 
the  free  use  of  the  sidewalks  and  streets.  • 

34.  To  require  every  railroad  company  to  keep  the  streets  in  repair 
between  the  tracks,  and  along  and  within  the  distance  of  two  feet  upon 
each  side  of  the  tracks  occupied  by  the  company. 

[Note — See  also  Sec.  498,  Civil  Code,  as  to  restrictions  to  be  re¬ 
quired  in  franchises  for  street  railroads.] 

35.  To  determine  fines,  forfeitures  and  penalties  for  the  violation 
of  any  ordinance  or  any  provisions  of  this  Charter. 

36.  To  make  all  needful  rules  to  govern  the  official  conduct  and 


CITY  OF  OAKLAND,  CAL. 


23 


duties  of  all  officers  of  the  City  whose  duties  are  not  defined  by  this 
Charter,  and  to  fix  and  regulate  the  charges  and  fees  of  all  such  officers, 
where  the  fees  are  not  otherwise  fixed,  and  to  compel  the  payment  of 
all  such  charges  and  fees  into  the  City  Treasury. 

37.  To  grant  franchises  for  the  construction  of  street  railroads 
on  and  along  the  streets  of  the  City;  provided,  that  when  application 
is  made  for  such  franchise  the  Council  shall  by  resolution  cause  a 
notice  of  such  application  to  be  published  for  twenty  days,  and  shall  in 
said  notice  specify  the  route  along*  which  it  is  proposed  to  construct 
such  road,  and  shall  offer  to  grapt  the  franchise  to  the  persons,  com¬ 
pany  or  corporation  that  shall  agree  to  pay  at  the  expiration  of  five 
years  after  said  railroad  is  completed,  and  thereafter  semi-annually, 
the  largest  per  centum  of  the  gross  receipts  of  such  road,  according 
to  a  verified  statement  of  the  same;  and  provided,  further,  that  in  all 
grants  of  franchises  for  street  railroads  it  shall  be  made  a  condition 
that  single  fares  on  such  roads  shall  not  exceed  5  cents,  and  that  only 
such  rails  shall  be  laid  down  as  are  of  the  most  approved  flat  iron 
pattern  for  street  railways  operated  by  horses,  mules,  cables,  or  other 
motors  than  steam.  The  Council  may  reject  all  bids,  and  may  refuse 
to  grant  a  franchise  for  the  proposed  route;  and,  in  case  no  bids  are 
made,  may,  in  their  discretion,  grant  a  franchise  for  such  period  as 
may  be  deemed  most  expedient.  Franchises  for  street  railroads  to  be 
operated  by  horses  or  mules  shall  not  exceed  twenty-five  years. 

[Note  1 — For  the  general  laws  as  to  the  granting  of  such  franchises, 
see  Sec.  497,  Civil  Code;  for  statutory  requirements  of  franchise,  see 
Secs.  498  to  502,  Civil  Code;  and  as  to  municipal  regulation  of  such 
railroads,  see  Secs.  503  to  511,  Civil  Code;  see  also  Stat.  1893,  pp.  44, 
208,  288;  Stat.  1895,  p.  241;  Stat.  1897,  pp.  46,  135  and  191;  see  also 
People  vs.  Craycroft,  111  Cal.  544.] 

[Note  2 — In  the  case  of  Santa  Rosa  City  R.  R.  Co.  vs.  Central 
Street  R.  R.  Co.,  the  Supreme  Court  of  the  State  decided  (Decision 
January  6,  1895,  38  Pac.  Rep.  986)  that  the  provisions  of  Sec.  502,  Civil 
Code,  limiting  the  time  within  which  street  railroads  must  be  com¬ 
pleted,  do  not  of  their  own  force  produce  a  forfeiture  “without  further 
legislative  or  judicial  action,”  and  that  a  grant  of  the  same  franchise  to 
another  party  will  not  of  itself  effect  a  forfeiture;  further,  that  in  the 
absence  of  “express  legislative  declaration”  by  “apt  and  plain  lang¬ 
uage  to  that  effect;”  “the  franchise  and  right  of  way  continues  to  exist 
until  a  judgment  of  forfeiture  is  obtained  or  the  forfeiture  is  declared 
by  legislative  authority.”  Same  case  on  rehearing,  112  Cal.  436.] 

[Note  3 — For  act  concerning  fenders  and  brakes  on  street  cars  see 
Statutes  1899,  page  183.] 

38.  To  establish  and  regulate  the  issuing  and  granting  of  munici¬ 
pal  licenses  and  the  collection  of  license  taxes. 

[Note — County  of  El  Dorado  vs.  Meiss,  100  Cal.  268.] 

39.  To  establish  a  City  Hospital  and  to  provide  for  its  main¬ 
tenance. 


24 


CHARTER  OF  THE 


40.  To  acquire  land  for  public  parks,  and  to  improve  and  main¬ 
tain  such  lands  for  the  benefit  of  all  the  inhabitants  of  the  City;  and 
also  to  acquire  lands  for  public  buildings  and  other  public  uses. 

[Note — For  the  general  law  as  to  issuance  of  bonds  for  parks  and 
boulevards,  see  Stats.  1889,  p.  361;  for  other  municipal  improvements, 
see  Stats.  1889,  p.  399;  see  also  Stat.  1897,  p.  45;  see  also  Stats.  1901,  p. 
296,  as  to  special  tax.] 

41.  To  provide  water  for  the  uses  of  the  City  and  its  inhabitants. 

[Note  1 — It  is  competent  for  a  City  to  purchase  land  outside  its  lim¬ 
its  to  supply  itself  with  water — Section  1  of  this  Charter.] 

[Note  2 — See  also  Subdivision  5  of  this  Section  ante:  also  Section 
29  of  this  Charter  ante,  and  Secs,  4412-13  Political  Code.] 

42.  To  provide  for  the  execution  of  all  trusts  confided  to  the  City. 

43.  To  offer  rewards  not  exceeding  five  hundred  dollars  for  the 
arrest  and  conviction  of  any  person  or  persons  who  may  have  com¬ 
mitted  a  forgery  in  said  City. 

44.  To  provide  an  urgent  necessity  fund  ,not  exceeding  five  hun¬ 
dred  dollars  a  year,  to  be  expended  under  the  direction  of  the  Mayor. 

45.  To  establish  a  house  of  correction  and  reformation  for  juven¬ 
ile  offenders. 

46.  To  grant  to  the  Associated  Charities  of  the  City  of  Oakland  a 
sum  not  to  exceed  one  hundred  and  fifty  dollars  per  month,  to  be 
expended  in  accordance  with  the  articles  of  incorporation  of  that  asso¬ 
ciation. 

47.  To  regulate  the  custody,  leasing  and  sale  of  all  the  property  of 
the  municipality,  and  such  lost,  stolen  or  unclaimed  property  as  may 
be  in  possession  of  the  police  or  other  officers  of  the  City. 

48.  To  regulate  all  parades  and  processions,  and  to  determine 
what  parades  or  processions  upon  the  streets  shall  not  be  lawful,  and 
to  declare  the  same  a  nuisance. 

49.  To  make  all  rules  and  regulations  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Charter  or  by  general  laws  in  said  City. 

50.  To  make  and  enforce  all  such  local,  police,  sanitary  and  other 
regulations  as  are  not  in  conflict  with  general  laws  and  the  provisions 
of  this  Charter. 

[Note  1 — See  Constitution,  Art.  XI.,  Sec.  11,  to  same  effect. 

An  ordinance  is  not  inconsistent  with  general  law  merely  because 
it  makes  another  and  different  regulation  for  the  sale  of  a  certain 
thing  where  there  is  no  direct  conflict.  Ex.  parte  Houg  Shen,  98  Cal. 
681;  se  ex  parte  Lacy,  108  Cal.  326. 

Cases  construing  police  power  of  Council:  Sanitary,  105  Cal.  161, 
104  Cal.  275,  98  Cal.  75;  beating  drums  in  street,  105  Cal.  558;  liquors 
in  dance  halls,  98  Cal.  555;  liquors  where  females  employed,  96  Cal. 


.  CITY  OF  OAKLAND,  CAL. 


25 


360;  lotteries,  108  Cal.  680;  pool  selling-,  91  Cal.  589;  concealed  weapons, 
90  Cal.  617;  laundries,  96  Cal.  354.] 

[Note  2 — The  Council  cannot  appropriate  money  from  the  City 
Treasury  to  pay  the  expenses  of  officers  visiting  other  cities  to  secure 
information.  James  vs.  The  City  of  Seattle,  62  Pac.  Rep.  847.] 


ARTICLE  IV. 

Executive  Department. 


[Of  the  Mayor.] 

Sec.  32.  The  Mayor  shall  be  the  chief  executive  officer  of  the  City, 
and  his  term  of  office  shall  be  two  years. 

Sec.  33.  He  shall  vigilantly  observe  the  official  conduct  of  all 
public  officers,  and  take  note  of  the  fidelity  and  exactitude,  or  the  want 
thereof,  with  which  they  execute  their  duties  and  obligations,  especially 
in  the  collection,  administration  and  disbursement  of  the  pubic  funds 
and  property;  and  the  books,  records  and  official  papers  of  all  depart¬ 
ments,  boards,  officers  and  persons  in  the  employ  or  service  of  the  City 
shall  at  all  times  be  open  to  his  inspection  and  examination.  He  shall 
take  special  care  to  see  that  the  books  and  records  of  the  said  depart¬ 
ments,  boards,  officers  and  persons  are  kept  in  legal  and  proper  form; 
and  any  official  defalcation  or  willful  neglect  of  duty  or  official  mis¬ 
conduct  which  he  may  discover,  or  which  shall  be  reported  to  him, 
shall  be  laid  by  him  before  the  Council,  City  Attorney  or  District 
Attorney,  in  order  that  the  public  interests  shall  be  protected,  and  the 
person  in  default  be  proceded  against  according  to  law.  He  shall, 
from  time  to  time,  give  the  Council  information  in  writing,  relative  to 
the  state  of  the  City,  and  shall  recommend  such  measures  as  he  may 
deem  beneficial  to  its  interests. 

He  shall  see  that  the  laws  of  the  State  and  the  ordinances  of  the 
city  are  observed  and  enforced.  He  shall  appoint  a  competent  person 
or  persons,  expert  in  matters  of  book-keeping  and  accounts,  to  ex¬ 
amine  the  books,  records,  condition  and  affairs  of  every  department, 
board  or  officer  at  least  once  in  every  year,  and  enforce  such  examina¬ 
tion.  Any  person  refusing  to  submit  to  or  to  permit  such  examina¬ 
tion,  or  purposely  delaying  or  impeding  the  same,  may  be  suspended 
from  office  by  the  Mayor  and  removed  for  malfeasance  in  office.  He 
shall  have  a  general  supervision  over  all  the  departments  and  public 
institutions  of  the  City,  and  see  that  they  are  honestly,  economically 
.and  lawfully  conducted.  He  shall  take  all  proper  measures  for  the 


26 


CHARTER  OP  THE 


preservation  of  public  order  and  the  suppression  of  all  riots  and 
tumults,  for  which  purpose  he  is  authorized  and  empowered  to  use  and 
command  the  police  force;  and  if  such  police  force  is  insufficient,  it 
shall  be  his  duty  to  call  upon  the  Governor  for  military  aid,  in  the 
manner  provided  by  law,  in  order  that  such  riots  or  tumults  may  be 
properly  and  effectually  suppressed. 

[Note — As  to  the  powers  of  the  Governor  in  cases  of  riots,  etc., 
see  Secs.  1916  and  2039,  Political  Code.  As  to  posse  comitatus,  see  Secs. 
150  and  839,  Penal  Code.] 

Sec  34.  He  shall,  at  least  once  in  three  months,  together  with  a 
majority  of  the  Finance  Committee  of  the  Council,  count  the  cash  in 
the  City  Treasury  and  see  that  it  corresponds  with  the  books  of  the 
Treasurer  and  Auditor. 

Sec.  35.  He  shall  see  that  all  contracts  and  agreements  with  the 
City  are  faithfully  kept  and  fully  performed,  and  to  that  end  shall  cause 
legal  proceedings  to  be  commenced  and  prosecuted  in  the  name  of  the 
City  against  all  persons  or  corporations  failing  to  fulfill  their  agree¬ 
ments  or  contracts,  either  in  whole  or  in  part.  It  shall  be  the  duty  of 
every  officer  and  person  in  the  employ  or  service  of  the  City,  when  it 
shall  come  to  his  knowledge  that,  any  contract  or  agreement  with  the 
City  or  with  any  officer  or  department  thereof,  or  relating  to  the  busi¬ 
ness  of  any  office,  has  been  or  is  about  to  be  violated  by  the  other 
contracting  party,  forthwith  to  report  to  the  Mayor  all  facts  and  in¬ 
formation  within  his  possession  concerning  such  matter;  and  a  willful 
failure  so  to  do  shall  be  cause  for  the  removal  of  such  officer  or  employe, 
as  in  case  of  malfeasance  in  office. 

[Note — For  statutory  proceedings  to  remove  officers  for  miscon¬ 
duct  see  Secs.  758  to  772,  Penal  Code.] 

Sec.  36.  The  Mayor  may  call  special  meetings  of  the  Council. 
The  action  of  the  Council  at  special  meetings  shall  be  confined  to  the 
matters  specified  in  the  notice. 

[Note — See  also  Section  14  of  this  Charter,  ante,  as  to  the  calling 
of  special  meetings  of  the  Council.] 

Sec.  37.  When  and  so  long  as  the  Mayor  is  temporarily  unable  to 
perform  his  official  duties,  the  President  of  the  Council  shall  act  as 
Mayor  pro  tempore.  When  a  vacancy  occurs  in  the  office  of  Mayor, 
it  shall  be  filled  for  the  unexpired  term  by  the  Council,  assembled  for 
the  purpose.  A  member  of  the  Council  during  the  term  for  which  he 
shall  have  been  elected  or  appointed  shall  be  ineligible  to  fill  such 
vacancy. 

Sec.  38.  The  Mayor  may,  when  authorized  by  the  Council  so  to 
do,  appoint  a  Clerk,  to  be  known  as  Mayor’s  Clerk.  The  Mayor  shall 
perform  all  such  other  duties  as  may  be  prescribed  by  law  or  ordinance. 

[City  Clerk.] 

Sec.  39.  The  Council  shall  appoint  a  City  Clerk,  to  hold  office  for 
the  term  of  two  years  from  the  date  of  his  appointment,  unless  sooner 


CITY  OP  OAKLAND,  CAL. 


27 


removed  by  resolution.  His  duties  shall  be  to  keep  the  corporate  seal 
and  all  books,  records  and  other  documents  belonging'  to  the  City, 
the  custody  of  which  is  not  in  this  Charter  otherwise  provided  for;  to 
attend  all  meetings  of  the  Council  and  keep  a  journal  of  its  proceed¬ 
ings,  all  its  by-laws,  ordinances  and  resolutions;  and  perform  such 
other  duties  relating  to  his  office  as  the  Council  shall  direct.  He  shall 
have  power  to  take  affidavits  and  administer  oaths  in  all  matters  relat¬ 
ing  to  the  business  of  the  city,  and  shall  make  no  charge  therefor. 

[Auditor  and  Assessor.] 

Sec.  40.  The  Auditor  shall  be  ex-offiicio  Assessor.  As  Assessor, 
he  shall  perform  all  the  duties  prescribed  by  this  Charter  or  by  law  for 
assessing  property  in  the  City  for  purposes  of  taxation.  As  Auditor,  he 
shall  number  and  keep  a  record  of  all  demands  allowed  by  him,  show¬ 
ing  the  date  of  approval,  amount  and  name  of  original  holder,  the 
number,  on  what  account  and  out  of  what  fund  payable.  He  shall  be 
required  to  be  constantly  acquainted  with  the  exact  condition  of  the 
Treasury.  He  shall,  on  the  first  Monday  of  each  month,  or  oftener  if 
required,  report  to  the  Mayor  the  condition  of  each  fund  in  the  Treas- 
ery.  He  shall  keep  a  complete  set  of  books  for  the  City,  in  which 
shall  be  set  forth  in  a  plain  and  business-like  manner  every  money 
transaction  of  the  City,  so  that  he  can  at  any  time  tell  the  exact  con¬ 
dition  of  the  City’s  finances.  He  shall  make  an  annual  report  showing 
the  sources  from  which  the  City’s  revenue  was  derived  and  how  ex¬ 
pended.  He  shall  issue  all  licenses  and  turn  the  same  over  to  the  Tax 

Collector  for  collection,  and  shall  draw  and  sign  all  warrants  upon 
the  Treasury,  except  as  otherwise  in  the  Charter  provided.  Every 
demand  must,  before  it  can  be  paid,  be  presented  to  the  Auditor  to 
be  approved,  who  shall  satisfy  himself  whether  the  money  is  legally 
due  and  remains  unpaid,  and  whether  the  payment  thereof  from  the 
Treasury  of  the  City  is  authorized  by  law  and  out  of  what  fund.  After 
such  examination  he  shall  approve  or  reject  the  claim  in  whole  or  in 

part,  and  indorse  on  such  demand  his  approval  or  rejection  over  his 

signature,  together  with  the  date  thereof.  If  it  is  approved,  the  fund 
out  of  which  it  is  to  be  paid  shall  be  designated.  If  the  claim  is 
rejected,  or  any  part  of  it,  unless  the  party  presenting  it  is  willing  to 
take  in  full  of  the  entire  demand,  the  sum  offered,  the  Auditor  shall 
return  it,  with  his  reasons  for  rejecting  it  to  the  Council,  Board  or 
other  body  which  originally  authorized  it;  then,  if  it  is  allowed  by  a 
majority  vote  of  all  the  members  of  the  Council,  or  of  the  members  of 
the  Board  or  other  body  authorizing  it,  and  approved  by  the  Mayor, 
it  can  be  audited  in  the  same  manner  as  if  it  had  not  been  rejected; 
provided,  the  said  Council,  Board  or  other-  body  had  the  authority  to 
make  the  expenditure  out  of  which  the  claim  arose.  No  demand 
upon  the  City  Treasurer  shall  be  considered,  presented  for  action,  or 
acted  upon,  allowed  or  approved,  unless  it  specifies  on  its  face  each 
several  item  composing  it,  and  the  amount  and  date  thereof.  Every 
demand  shall  be  numbered  and  acted  upon  by  the  Auditor  in  the  order 


28 


CHARTER  OF  THE 


of  its  presentation  to  him;  and  when  allowed,  either  in  whole  or  in 
part,  the  warrant  therefor  shall  be  numbered  and  entitled  to  payment 
in  the  same  order  as  allowed.  No  demand  upon  the  Treasury  shall 
be  allowed  by  the  Auditor  in  favor  of  any  officer  or  other  person,  or 
any  of  their  assigns,  who  is  in  any  manner  indebted  to  the  City,  without 
first  deducting  therefrom  the  amount  of  such  indebtedness,  nor  in 
favor  of  any  officer  or  other  person,  or  his  assigns,  having  the  collec¬ 
tion,  care,  custody  or  control  of  public  funds,  unless  the  accounts  of 
such  officer  or  other  person  have  been  presented,  passed,  approved 
and  allowed  as  is  or  may  be  required  by  law;  nor  in  favor  of  any  officer 
or  other  person,  or  his  assigns,  who  has  neglected  to  make  any  oath 
required  by  law  or  ordinance  or  other  regulation  cf  the  Council;  nor 
in  favor  of  any  officer,  or  his  assigns,  who  has  failed,  to  the  knowledge 
of  the  Auditor,  to  do  any  duty  imposed  on  him  by  law  jr  ordinance 
or  other  regulation  of  the  Council.  The  Auditor  shall  have  authority 
to  take  affidavits  and  administer  oaths  necessary  in  the  transaction  of 
all  City  business. 

[Note  1 — See  Kelso  vs,  Teale,  106  Cal.  477  as  to  itemizing  demand; 
see  Colusa  vs.  Welch,  122  Cal.  428,  as  to  itemizing  demands.] 

[Note  2 — The  approval  by  the  Council  of  a  demand  which  is  illegal 
on  its  face  does  not  justify  the  Auditor  in  drawing  a  warrant  in  pay¬ 
ment  thereof.  Rooney  vs.  City  of  Oakland,  131  Cal.  page  51.] 

[Treasurer.] 

Sec.  34.  The  Treasurer  shall  be  ex-officio  Tax  Collector.  as 
Tax  Collector  he  shall  perform  the  duties  in  this  Charter  and  by  the 
general  laws  of  the  State  provided.  As  Treasurer  he  shall  receive  and 
pay  out  all  moneys  belonging  to  the  City,  and  shall  keep  an  account 
of  all  receipts  and  expenditures  under  such  rules  and  regulations  as 
may  be  prescribed  by  ordinance.  He  shall  make  a  monthly  statement 
to  the  Council  of  the  receipts  and  expenditures  of  the  preceding 
month,  and  shall  do  all  things  required  of  him  by  law  or  ordinance 
of  said  City.  He  shall  not  pay  out  any  moneys  belonging  to  the  City 
except  upon  claims  presented,  allowed  and  audited  in  the  manner  pro¬ 
vided  by  law.  As  soon  as  suitable  vaults  and  safes  are  provided,  the 
Treasurer  shall  keep  therein  all  moneys  belonging  to  the  City;  and  he 
shall  not  thereafter  under  any  circumstances  deposit  with,  or  loan  to 
any  person,  corporation  or  bank  any  of  the  moneys  of  the  City,  or 
allow  the  same  (except  in  payment  of  demands  against  the  City)  to 
pass  out  of  his  custody.  If  he  shall  violate  any  of  the  provisions  of 
this  section,  he  shall  forfeit  his  office  and  be  forever  disqualified  from 
holding  any  position  in  the  service  of  the  City. 

As  soon  as  possible  after  the  adoption  of  this  Charter,  the  Council 
shall  provide  suitable  vaults  and  safes  for  the  use  of  the  Treasurer. 

[Note — Depositing  city's  money  in  banks,  see  Yarnell  vs.  Los 
Angeles,  87  Cal.  603.] 


CITY  OF  OAKLAND,  CAL. 


29 


[Payments  and  Collections.] 

Sec.  42.  All  fees  and  other  moneys  received  or  collected  by  any 
officer,  agent  or  employe  of  the  City  (excepting  only  such  fees  as  the 
City  Engineer  may  be  authorized  by  ordinance  to  collect)  shall  be  paid 
by  such  officer,  agent  or  employee  each  month,  or  as  much  oftener  as 
the  Council  may  require,  into  the  City  Treasury  for  the  use  of  the 
City;  and  no  payment  of  salary  shall  be  made  to  any  officer,  agent  or 
employe  who  shall  be  in  receipt  of  money  payable  to  the  City,  until  he 
shall  have  taken  and  filed  with  the  Auditor  an  affidavit  that  he  has 
paid  into  the  City  Treasury  all  fees  or  other  moneys  theretofore  received 
by  him  or  collected. 

[Oath.] 

Sec.  43.  Every  officer  provided  for  in  this  Charter  shall,  before 
entering  upon  the  duties  of  his  office,  take,  subscribe  and  file  with  the 
City  Clerk  the  following  oath:  “I  do  solemnly  swear  (or  affirm)  that  I 
will  support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  California,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  [ - ]  to  the  best  of  my  ability.” 

[Salaries  of  Officers.] 

Sec.  44.  The  compensation  of  officers  and  employees  of  the  City 
shall  be  per  annum  as  follow's:  Mayor,  $3000;  Treasurer  and  Tax  Col¬ 
lector,  $3000;  Auditor  and  Assessor,  $3000;  City  Attorney,  $2400;  City 
Clerk,  $1500;  City  Superintendent  of  Schools,  $2500;  [See  note 
below.]  Superintendent  of  Streets,  $1500;  Chief  of  Police,  $2100; 
Police  Judge,  $2400;  Chief  of  Fire  Department,  $1800;  City  Engineer, 
$600;  Policemen,  $1200;  Members  of  Board  of  Public  Works,  each 
$2400;  [see  note  2  below.]  Members  of  the  Council,  each  $480.  Two 
policemen  may  be  detailed  as  Captains  of  Police  and  two  as  detectives. 
Those  so  detailed  shall  be  paid  $300  per  annum  each  in  addition  to  their 
regular  salary  as  policemen. 

[Note  1 — By  the  provisions  of  Section  1793  of  the  Political  Code, 
Stats.  1891,  p.  164,  City  Boards  of  Education  have  “full  power  to  fix  the 
salary  of  all  employes.”  In  June,  1902,  the  Board  of  Education  of  this 
City  fixed  the  salary  of  City  Superintedent  of  Schools  at  $3000  per 
annum. 

In  Kennedy  vs.  Miller,  97  Cal.  431,  it  is  held  that  school  districts  de¬ 
rive  their  authority  from  the  Legislature  through  the  general  law,  and 
that  in  reference  to  the  public  schools  the  general  law  controls  Charter 
provisions.  See  also  Mitchell  vs.  the  Board  of  Education,  decided  by  the 
California  Supreme  Court,  Sept.  20th,  1902.] 

[Note  2 — For  salaries  of  the  members  of  the  Board  of  Public  Works 
see  Sec.  63  of  this  Charter.] 

[Official  Bonds.] 

Sec.  45.  Every  officer  provided  for  by  law,  shall,  before  entering 
upon  the  duties  of  his  office,  and  within  ten  days  after  the  mailing  or 


3° 


CHARTER  OF  THE 


delivery  to  him  of  his  certificate  of  election  or  appointment  [file]  an 
official  bond  in  such  sum  as  the  Council  may  by  resolution,  approved 
by  the  Mayor  or  passed  over  his  veto,  direct,  payable  to  the  City, 
which  bond  shall  be  subject  to  the  law  concerning-  official  bonds  of 
officers.  All  official  bonds  shall  be  approved  by  the  Mayor  and  City 
Attorney  (except  that  of  the  Mayor,  which  shall  be  approved  by  the 
Treasurer  and  City  Attorney,  and  also  except  that  of  the  City  Attorney, 
which  shall  be  approved  by  the  Mayor  and  Treasurer),  the  approval 
to  be  endorsed  thereon;  and  said  bonds  shall  be  filed  and  kept  in  the 
office  of  the  Auditor,  and  must  also  be  recorded  forthwith  at  the  ex¬ 
pense  of  the  party  giving  the  same,  in  the  office  of  the  City  Clerk,  in 
a  book  kept  for  that  purpose.  The  official  bond  of  the  Auditor,  after 
recording,  shall  be  kept  on  file  in  the  office  of  the  Mayor.  The  City 
Council  may,  at  any  time,  require  an  additional  amount  or  new  sureties 
upon  any  official  bond  which  it  may  determine  insufficient;  and  must 
require  an  additional  bond  or  new  sureties  whenever  a  surety  thereon 
shall  die  or  become  insolvent  or  cease  to  be  a  resident  of  the  State. 
If  such  additional  bond  or  additional  security  be  not  given,  the  Council 
upon  notification  thereof  by  the  Mayor,  must  declare  the  office  vacant; 
and  as  soon  as  such  declaration  is  made,  the  office  becomes  vacant. 
No  official  bonds  shall  be  approved  unless  the  sureties  thereon  shall 
justify  in  the  manner  provided  for  in  the  Political  Code  for  the  justi¬ 
fication  of  the  official  bonds  of  county  officers;  and  all  persons  offered 
as  sureties  on  official  bonds  must  be  personally  examined  on  oath  as 
to  their  qualification,  by  the  officers  whose  duty  it  is  to  approve  the 
bond.  No  officer  or  employe  of  the  City  or  member  of  the  Council 
shall  be  surety  upon  the  official  bond  of  any  other  officer  of  the  City. 

[Note — For  justification  of  sureties  under  Pol.  Code,  see  Sec.  955 
Pol.  Code.] 


ARTICLE  V. 
Judicial  Department. 


[City  Attonrey.] 

Sec.  46.  The  City  Attorney  shall  be  an  attorney  and  counselor  at 
law,  duly  admitted  to  practice  by  the  Supreme  Court  of  this  State, 
and  shall  have  been  actually  engaged  in  the  practice  of  his  profession 
for  at  least  five  years  previous  to  his  election.  It  shall  be  his  duty  to 
attend  to  all  suits  ind  other  matters  in  which  the  city  may  be  legally 
interested;  to  give  his  advice  or  opinion  in  writing  whenever  required 
by  the  Mayor,  Council,  Board  of  Education,  Board  of  Public  Works, 


♦ 


CITY  OF  OAKLAND,  CAL.  31 

Auditor,  City  Clerk  or  Treasurer;  and  to  do  and  perform  all  such  other 
things  touching  his  office  as  may  be  required  of  him  by  the  Mayor, 
■Council,  Board  of  Education  or  Board  of  Public  Works.  He  shall 
draft  and  approve  all  official  or  other  bonds  required  by  this  Charter, 
or  by  ordinance,  resolution,  motion  or  order  of  the  Council,  Board  of 
Education,  or  Board  of  Public  Works,  save  and  except  his  own  bond. 
His  bond  shall  be  drafted  and  approved  by  the  Mayor. 

[Note — This  Section  together  with  Sections  7,  63  and  72,  was 
amended  at  an  election  held  January  26,  1895,  and  such  amendment 
was  approved  by  the  Legislature,  Jan.  31,  1895.  The  original  Section 
46  was  as  follows:  The  Mayor  shall,  by  and  vith  the  advice  and  con¬ 
sent  of  the  Council,  appoint  an  attorney  for  the  City,  who  shall  be 
known  as  the  City  Attorney.  His  term  of  office  shall  be  two  years. 
He  shall  be  an  attorney  and  counselor  at  law,  duly  admitted  to  prac¬ 
tice  by  the  Supreme  Court  of  this  State,  and  shall  have  actually  been 
•engaged  in  the  practice  of  his  profession  for  the  period  of  at  least  five 
years  before  his  appointment.  It  shall  be  his  duty  to  prosecute,  on 
behalf  of  the  people,  all  criminal  cases  growing  out  of  violations  of 
city  ordinances  and  resolutions,  and  to  attend  to  all  suits  and  other- 
matters  in  which  the  City  may  be  legally  interested;  to  give  his  advice 
or  opinion  in  writing  whenever  required  by  the  Mayor,  Council,  Board 
•of  Education,  or  Board  of  Public  works,  and  to  do  and  perform  all 
such  other  things  touching  his  office  as  by  the  Council  or  Mayor  may 
be  required  of  him.  The  City  Attorney  shall  draft  and  approve  all 
official  or  other  bonds  required  by  this  Charter,  or  by  ordinance,  resolu¬ 
tion,  motion  or  order  of  the  Council,  except  his  own  bond.  His  bond 
shall  be  drafted  and  approved  by  the  Mayor.] 

[Note — Fees  for  extra  services  not  allowed:  See  Buck  vs.  City  of 
Eureka,  109  Cal.  504.] 

COURTS. 

Sec.  47.  The  judicial  power  of  the  City  shall  be  vested  in  a  Police 
-Court  and  in  such  Justices’  Courts  as  are  or  may  be  provided  for  by  law. 

[Police  Courts] 

[Note — The  establishment,  jurisdiction  and  regulation  of  the  Police 
Court  was  attempted  to  be  prescribed  by  Sections  48  to  57,  inclusive, 
of  the  Charter,  as  adopted;  but  the  Supreme  Court  of  the  State  subse¬ 
quently  decided  (ex  parte  Ah  You,  82  Cal.  339)  that,  such  Court  had 
“no  legal  existence,”  but  that  the  general  law  known  as  the  “Whitney 
Act,”  so  called,  which  provided  for  a  Police  Court  in  cities  of  certain 
population,  was  in  effect  in  this  City.  (See  also  the  cases  of  ex-parte 
Henshaw,  76  Cal.  446,  and  The  People  vs.  Frank  Toal,  85  Cal.  333.) 
The  sections  of  the  Charter  referred  to,  which  are  inoperative,  are 
therefore  omitted  and  the  Whitney  Act  inserted. 

An  Act  to  provide  for  police  Courts  in  cities  having  thirty  thous¬ 
and  and  under  one  hundred  thousand  inhabitants,  and  to  provide  for 


32 


CHARTER  OF  THE 


officers  thereof.  See  Stats.  1885,  p.  213;  Stats.  1891,  p.  292;  Stats.. 
1893,  p.  41;  Stat.  1895,  p.  113;  see  also  ex  parte  Giambonini,  117  Cal.. 
573;  ex  parte  Sparks,  52  Pac.  Rep.  715,  and  People  vs.  Sands,  102 
Cal.  12.] 

Sec.  58.  The  Police  and  Fire  Commissioners  shall  designate  a 
policeman  who  shall  always  attend  on  the  Police  Court  and  act  as 
bailiff  thereof. 


[Justices’  Court.] 

[Note — For  the  general  law  establishing  the  City  Justices’  Courts, 
see  Sec.  103,  Code  of  Civil  Procedure,  held  constitutional  in  58  Cal- 
572,  576.  The  City  Justices  are  elected  at  the  general  election  in  No¬ 
vember  of  even  numbered  years.  See  58  Cal.  558,  572.  As  to  jurisdic¬ 
tion,  salary,  reports  and  payment  of  fees  into  Treasury,  see  Secs.  103, 
112-115,  C.  C.  P.  As  to  salary  warrants,  see  Stats.  1883,  p  63.] 

Sec.  59.  Two  City  Justices  of  the  Peace  shall  be  elected,  whose 
terms  of  office  shall  be  two  years.  Their  Courts  shall  always  be  open, 
legal  holidays  excepted. 

Sec.  60.  The  Justices’  Courts  and  the  Justices  thereof  shall  have 
the  powers  and  jurisdiction  which  are  now  or  may  be  prescribed  and 
conferred  by  law  upon  the  City  Justices  of  the  Peace  and  City  Jus¬ 
tices’  Courts,  provided,  however,  that  within  the  corporate  limits  of 
the  city  the  City  Justices  of  the  Peace  and  City  Justices’  Courts  shall 
have  exclusive  jurisdiction  and  power  over  all  matters,  actions  and 
things  which  are  now  or  may  be  conferred  by  law  upon  Justices  of  the 
Peace;  and  provided,  further,  that  they  shall  not  have  the  power  to 
try  or  decide  any  public  offense  whereof  the  Police  Court  of  said  city 
has  jurisdiction. 

Sec.  61.  Each  Justice  of  the  Peace  shall  pay  to  the  Treasurer  of 
said  city,  on  the  first  Monday  of  each  month,  all  fines  by  him  collected, 
and  all  fees  which  are  by  law  chargeable  for  services  rendered  by  him. 
accompanied  by  a  verified  written  report,  showing  the  amount  thereof, 
from  whom  and  in  what  case  such  fines  and  fees  were  collected  and 
paid.  A  copy  of  this  report  shall,  at  the  same  time,  be  filed  with  the 
Auditor.  All  such  fines  and  fees  shall  go  to  the  credit  of  the  General 
Fund. 

Sec.  62.  The  Justices’  Courts  herein  provided  for  are  intended  to 
be  the  Justices’  Courts  provided  for  by  general  law,  and  nothing 
herein  contained  shall  be  construed  to  authorize  the  election  of  more- 
than  two  Justices  of  the  Peace  for  the  city. 


V. 


CITY  OF  OAKLAND,  CAL.  33, 

ARTICLE  VI. 

Department  of  Public  Works. 


CHAPTER  I. 

Sec.  63.  There  shall  be  a  Department  of  Public  Works,  under  the 
management  of  three  Commissioners,  who  shall  constitute  the  Board 
of  Public  Works.  The  Commissioners  shall  consist  of  the  Mayor, 
City  Attorney  and  City  Engineer.  The  Mayor  shall  receive  no  com¬ 
pensation  for  services  rendered  as  such  Commissioner.  The  City 
Attorney  and  City  Engineer  shall  receive,  in  addition  to  their  res¬ 
pective  salaries,  a  yearly  salary  of  six  hundred  dollars  each  as  com¬ 
pensation  for  their  services  as  members  of  the  Board  of  Public  Works. 

[Note — This  section,  together  with  Sections  7,  46  and  72,  was 
amended  at  an  election  held  January  26,  1895,  and  such  amendment  was 
approved  by  the  Legislature  January  31,  1895.  The  original  Section 
63  was  as  follows:  There  shall  be  a  department  of  Public  Works,  under 
the  management  of  three  Commissioners,  who  shall  constitute  the 
Board  of  Public  Works.  The  Commissioners  shall  be  appointed  by 
the  Mayor  from  among  the  qualified  electors  of  the  city.  Their  terms 
of  office  shall  be  four  years,  and  not  more  than  two  shall  belong  to 
the  same  political  party.  The  Commissioners  first  appointed  shall  at 
their  first  meeting  so  classify  themselves  by  lot  that  one  of  them  shall 
go  out  of  office  in  two  years,  one  in  three  years,  and  one  in  four  years.] 

Sec.  64.  Immediately  upon  their  appointment  and  qualification, 
the  Commissioners  shall  organize  as  a  Board  and  elect  one  of  their 
number  President,  who  shall  hold  his  office  for  the  term  of  one  year; 
and  they  shall  elect  a  secretary,  who  shall  not  be  a  member  of  the 
Board.  The  Board  shall  establish  rules  and  regulations  governing  its 
proceedings,  and  for  the  regulation  and  conduct  of  its  officers,  clerks 
and  employes;  and  may  require  bonds  from  any  of  its  subordinates  for 
the  faithful  performance  of  their  duties. 

Sec.  65.  The  Board  shall  hold  a  regular  meeting  once  in  each 
week,  and  special  meetings  at  such  other  times  as  it  may  appoint,  or 
of  which  the  President  may  give  notice.  The  regular  meetings  shall 
be  held  on  a  day  and  at  an  hour  fixed  by  resolution  entered  upon  its 
records,  and  which  shall  not  be  changed  except  by  similar  resolution, 
of  which  notice  shall  be  posted  for  two  weeks.  The  meetings  of  the 
Board  shall  be  public.  Two  members  shall  constitute  a  quorum,  and 
the  affirmative  votes  of  two  members  shall  be  necessary  to  pass  any 
order  or  resolution.  No  business  shall  be  transacted  at  a  special  or 
adjourned  meeting  of  the  Board,  except  such  as  may  have  been  made 
the  special  order  of  business  for  such  meeting,  or  such,  as  may  have 


34 


CHARTER  OF  THE 


been  under  consideration  at  the  meeting  from  which  the  adjournment 
was  had,  or  such  as  may  have  been  specified  in  the  notice  of  the  meeting. 

Sec.  66.  The  Board  shall  cause  to  have  kept  a  record  of  its  pro¬ 
ceedings;  and  shall  keep  all  maps,  plans,  specifications,  estimates,  con¬ 
tracts,  certificates,  receipts,  surveys,  field  notes,  and  profiles  belonging 
to  the  city  and  all  papers  pertaining  to  the  transactions  of  the  Board. 
It  may,  when  it  shall  deem  it  expedient,  and  shall,  when  requested  by 
the  Council  or  the  Board  of  Education  or  the  Mayor,  furnish  such  data 
or  information  as  may  be  requested. 

Sec.  67.  The  Secretary  of  the  Board  shall  keep  a  record  of  its 
transactions,  specifying  therein  the  names  of  the  Commissioners  pres¬ 
ent  at  the  meetings,  and  giving  the  ayes  and  noes  upon  all  votes. 
Every  order  or  resolution  shall  be  recorded  at  length,  and  the  record 
shall  be  approved  by  the  Board.  The  Secretary  shall  cause  the  publi¬ 
cation  of  all  notices  herein  authorized  to  be  published,  or  which  the 
Board  shall  order  to  be  published,  and  shall  perform  such  other  duties 
as  the  Board  may  from  time  to  time  prescribe. 

Sec.  68.  The  Board  may  appoint  such  employees  as  are  herein 
provided  for,  or  as  may  be  authorized  by  the  Council. 

The  salaries  of  all  officers  clerks  and  employes  of  the  Board, 
except  so  far  as  the  same  are  designated  in  this  Charter,  shall  be  fixed 
from  time  to  time  by  the  Council  in  its  discretion,  on  recommenda¬ 
tions  by  the  Board. 

Sec.  69.  The  Board  shall,  immediately  after  its  organization,  take 
possession  and  have  the  custody  and  control  of  all  maps,  surveys,  field 
notes,  records,  plans,  specifications,  contracts,  models,  machinery, 
tools,  appliances,  contract  rights,  privileges,  books,  documents,  papers, 
archives,  and  property  belonging  to  said  city,  heretofore  kept  by  or  in 
the  offices  of  the  City  Engineer,  the  City  Marshal  and  the  Wharfinger. 

Sec.  70.  The  Board  shall  have  charge  and  superintendence  of  all 
public  work  of  every  kind,  not  otherwise  controlled  by  general  laws, 
to  be  done  for  the  city  or  for  the  Board  of  Education  or  any  other 
department,  and  also  of  the  furnishing  of  all  material  and  supplies  for 
public  use,  or  for  the  use  of  the  Board  of  Education  or  for  any  other 
department,  except  as  otherwise  provided  in  this  Charter.  It  shall  be 
the  duty  of  the  Board  vigilantly  to  inspect  all  parts  of  the  city  and  to 
recommend  from  time  to  time  to  the  Council  such  work  as  it  shall 
deem  necessary  or  proper. 

Sec.  71.  The  Board  shall  have  special  charge,  superintendence  and 
control,  subject  to  such  ordinances  as  the  Council  may  from  time  to 
time  adopt,  of  the  harbor  and  water  front,  and  of  all  streets,  sidewalks, 
highways,  roads,  bridges,  wharves,  parks,  and  public  places  belonging 
to  the  city,  or  dedicated  to  public  use,  and  of  the  improvement  and 
repair  thereof;  of  all  sewers,  drains  and  cesspools,  and  the  work  per¬ 
taining  thereto,  or  to  the  drainage  of  the  city;  of  the  cleaning  of  streets 
and  of  all  repairs  upon  accepted  streets;  of  the  construction  and  repair 


CITY  OF  OAKLAND,  CAL. 


35 


of  all  public  building's,  and  the  making  of  all  public  improvements  for 
the  city,  or  under  its  authority,  and  of  the  repairs  of  such  improve¬ 
ments;  of  all  lamps  and  lights  for  the  lighting  of  streets,  parks,  public 
places  and  public  buildings  of  the  city,  and  of  the  erection  of  all  posts 
for  such  lamps  and  lights,  and  of  all  public  works  and  improvements 
hereafter  to  be  done  by  the  city. 

The  Board  shall  have  exclusive  authority  to  prescribe  rules  and 
grant  permits  in  conformity  with  the  ordinances  of  the  city  for  the 
moving  of  buildings  through  the  streets  thereof,  and  the  building  or 
placing  of  cellars  or  vaults  under  the  streets  or  sidewalks  and  the  con¬ 
struction  of  entrances  thereto;  the  construction  of  steps  or  other  ap¬ 
proaches  to  buildings  upon  the  sidewalks,  and  of  railings  and  fences 
inclosing  areas  upon  the  sidewalks;  the  putting  up  of  signs  and  awnings; 
the  location  of  steam  boilers;  the  laying  down  and  construction  of 
railroad  tracks  in  the  streets;  the  erection  of  telegraph  and  telephone 
poles,  and  poles  for  electric  lighting  or  other  electrical  purposes,  and 
the  laying  of  telegraph  or  telephone  wires,  and  wires  for  electric  light¬ 
ing  or  other  electrical  purposes;  the  construction  of  drains  and  sewers; 
the  laying  down  and  taking  up  of  gas,  steam  and  water  pipes,  pneu¬ 
matic  or  other  tubes  or  pipes  and  sewers  and  drains,  and  determining 
the  location  thereof;  the  use  of  the  street  or  any  portion  thereof  for  the 
deposit  of  building  material  in  front  of  a  building  during  its  construc¬ 
tion  or  repair,  or  for  any  purpose  other  than  such  as  ordinarily  and 
properly  belongs  to  the  public  from  the  dedication  thereof  to  public 
use. 

The  Board  shall  have  full  power  to  regulate  and  control,  subject 
to  the  ordinances  of  the  city,  the  anchorage  of  vessels  in  San  An¬ 
tonio  creek  or  elsewhere  within  the  limits  of  the  city;  the  manner  of 
using  the  streets,  sidewalks,  wharves,  harbor,  parks  and  public  places, 
and  to  prevent  and  remove  obstructions  therefrom,  and  to  cause  the 
prompt  repair  of  the  streets,  sidewalks  and  public  places  when  the 
same  may  be  taken  up  or  altered.  The  Board  is  authorized  to  collect, 
by  suit  or  otherwise,  in  the  name  of  the  city,  the  expense  of  such  repairs 
from  the  person  or  persons  by  whom  such  street  or  sidewralk  was 
injured  or  torn  up.  The  Board  shall  regulate,  subject  to  the  require¬ 
ments  of  the  Board  of  Health  and  the  ordinances  of  the  Council,  the 
construction  of  sinks,  gutters,  wTells,  cesspools  and  privy  vaults,  and 
compel  the  cleaning  or  emptying  of  the  same,  and  regulate  the  time  and 
manner  in  which  the  work  shall  be  done. 

Sec.  72.  The  City  Engineer  shall  perform  all  civil  engineering 
and  surveying  required  in  the  prosecution  of  the  public  works  and 
improvements  done  under  the  direction  of  the  Board  of  Public  Works, 
and  shall  certify  to  the  progress  and  completion  of  the  same,  and  do 
such  other  work  pertaining  to  his  profession  as  he  may  be  directed  to 
do  by  the  Board  of  Public  Works  or  the  City  Council  or  by  any  gen¬ 
eral  law  of  the  State  of  California.  He  shall  possess  the  same  power 
in  the  city  in  making  surveys,  plats  and  certificates  as  is  or  may  be 


3* 


CHARTER  OF  THE 


from  time  to  time  given  by  law  to  the  County  Surveyor,  and  his 
official  acts,  and  all  plats,  surveys  and  certificates  made  by  him,  shall 
have  the  same  validity  and  be  of  the  same  force  and  effect  as  are  and 
may  be  given  by  law  to  those  of  the  County  Surveyor.  With  the  con¬ 
sent  and  approval  of  the  Board  of  Public  Works,  the  City  Engineer 
may  appoint  such  deputies  as  the  duties  of  his  office  may  require,  the 
number  of  such  deputies,  however,  not  to  exceed  the  number  that 
may  be  fixed  from  time  to  time  by  the  Council. 

[Note — This  section,  together  '  with  Sections  7,  46  and  63,  was 

amended  at  an  election  held  January  26,  1895,  and  such  amendment 
was  approved  by  the  Legislature  January  31,  1895.  The  original  Sec¬ 
tion  72  was  as  follows: 

The  Board  shall  appoint  a  civil  engineer,  who  shall  have  had  at 
least  ten  years’  practical  experience  as  such,  who  shall  be  designated 
City  Engineer.  He  shall  perform  all  civil  engineering  and  surveying 
required  in  the  prosecution  of  the  public  works  and  improvements 
done  under  the  direction  of  the  Board,  and  shall  certify  to  the  progress 
and  completion  of  the  same,  and  do  such  other  work  pertaining  to 
•his  profession  as  he  may  be  directed  to  do  by  the  Board  or  by  the 
Council  or  by  the  general  law  of  the  State  of  California.  He  shall 
possess  the  same  power  in  the  city  in  making  surveys,  plats  and  certifi¬ 
cates  as  is  or  may  be  from  time  to  time  given  by  law  to  the  County 
Surveyor;  and  his  official  acts,  and  all  plats,  surveys  and  certificates 
made  by  him  shall  have  the  same  validity  and  be  of  the  same  force 
and  effect  as  are  or  may  be  given  by  law  to  those  of  County  Sur¬ 
veyor.  With  the  consent  and  approval  of  the  Board,  the  City  Engineer 
may  appoint  such  deputies,  not  exceeding  the  number  that  may  be  fixed 
by  the  Council,  as  the  duties  of  his  office  may  require.] 

Sec.  73.  The  Board  shall  appoint  a  Superintendent  of  Streets, 
whose  duty  shall  be  to  see  that  the  laws,  ordinances,  orders  and  regu¬ 
lations  relating  to  the  public  streets  and  highways  be  fully  carried  into 
execution,  and  that  the  penalties  thereof  are  rigidly  enforced.  He 
shall  superintend  and  direct  the  cleaning  of  all  sewers,  and  keep  him¬ 
self  informed  of  the  condition  of  all  the  public  streets  and  highways, 
and  also  of  all  public  buildings,  parks,  lots  and  grounds  of  the  city, 
and  report  the  same  to  the  Board,  and  shall  perform  such  other 
^duties  as  are  hereinafter  specified,  or  as  the  Board  may  require  of  him, 
and  he  shall  have  the  power  and  shall  perform  the  duties  required  of 
the  Superintendent  of  Streets  by  the  Act  of  the  Legislature  of  the 
State  of  California  entitled  “An  Act  to  Provide  for  Work  Upon 
Streets,  Lanes,  Alleys,  Courts,  Places  and  Sidewalks,  and  for  the 
Construction  of  Sewers  Within  Municipalities,”  approved  March  18, 
1885,  or  by  any  Acts  amendatory  thereof,  supplementary  thereto,  or 
substituted  therefor.  He  shall  keep  a  public  office  in  some  convenient 
place  within  the  city,  and  shall  keep  therein  the  records  of  his  office 
and  a  register  of  all  streets  accepted  by  the  city,  with  an  index  for  easy 
^reference.  He  shall,  before  entering  upon  the  duties  of  his  office,  give 


CITY  OP  OAKLAND,  CAL. 


37 


bonds  to  the  city,  with  such  sureties  and  for  such  sum  as  may  be 
required  by  the  Council;  and  should  he  fail  to  see  the  laws,  ordinances 
and  regulations  relating  to  the  public  streets  and  highways  carried 
into  execution  after  notice  from  any  citizen  of  a  violation  thereof, 
he  and  his  sureties  shall  be  liable  upon  his  official  bond  to  any  person 
injured  in  person  or  property  in  consequence  of  said  official  neglect. 

Sec.  74.  The  Board  may,  whenever  it  shall  deem  it  advisable,  ap¬ 
point  an  architect,  who,  under  the  direction  and  control  of  the  Board, 
shall  prepare  plans  and  specifications  of  the  work  to  be  done,  make 
necessary  drawings  and  estimates  of  cost  for  the  same,  judge  of  and 

determine  the  quality  and  durability  of  the  materials  that  may  be  furn¬ 
ished  for  the  construction  or  repair  of  any  public  building,  and  approve 

of  or  reject  the  same,  and  take  special  care  that  all  work  be  done  in  a 
good,  substantial  and  workmanlike  manner,  and  in  accordance  with 
the  drawings,  plans  and  specifications. 

Sec.  75.  The  Board  may,  also,  whenever  it  shall  deem  the  same 
advisable,  appoint  a  Superintendent  of  Public  Works,  who  shall  be  a 
master  builder,  and  who  shall,  when  any  public  building  is  in  the 
■course  of  construction  or  of  repair,  or  when  any  materials  to  be  used 
in  its  construction  or  in  its  repair  are  being  furnished,  be  in  attend¬ 
ance  at  said  building  and  see  that  the  work  is  done  in  a  good,  sub¬ 
stantial  and  workmanlike  manner,  and  that  the  materials  used  or  fur¬ 
nished  are  of  the  description,  quality  and  quantity  called  for  by  the 
•specification  and  contract.  All  work  upon  public  buildings  under  the 
control  of  said  Board  shall  be  done  under  the  immediate  supervision 
of  said  Superintendent,  and  all  materials  used  in  the  construction  or 
repair  thereof  shall  be  furnished  under  his  immediate  supervision. 

Sec.  76.  All  officers,  employes  and  agents  appointed  by  the  Board 
shall  hold  office  during  the  pleasure  of  the  Board. 

[Note — Compare  Sec.  206  post.] 

Sec.  77.  The  Board  of  Public  Works  shall,  within  the  time  speci¬ 
fied  in  the  requisition  made  upon  it  by  the  Council  or  by  the  Board 
of  Education  or  other  department  of  the  city  thereunto  authorized, 
procure  and  cause  to  be  done  such  construction,  improvement,  addition 
or  repairs  and  printing  and  other  work  of  any  kind  as  may  be  required 
■of  it. 

Sec.  78.  All  public  work  authorized  by  the  Council  to  be  done 
under  the  supervision  of  the  Board  and  not  within  the  provisions  of 
the  general  law  of  the  State  of  California  operating  thereon  and  all 
work  for  which  the  Board  of  Education  shall  make  requisition  upon 
the  Board  of  Public  Works,  shall  be  done  under  written  contract, 
except  in  case  of  urgent  necessity  as  hereinafter  provided.  Before 
awarding  any  contract  for  doing  work  authorized  by  this  chapter,  the 
Board  shall  cause  notice  inviting  sealed  proposals  for  the  contemplated 
work  to  be  posted  conspicuously  in  its  office  and  published  for  not  less 
than  five  days;  and  in  case  that  the  estimated  cost  of  the  work  exceed 


CHARTER  OF  THE 


;8 


$5000,  to  be  so  posted  and  published  for  not  less  than  twenty  daysr 
except  that  when  any  repair  or  improvement  not  exceeding  an  esti¬ 
mated  cost  of  two  hundred  dollars,  shall  be  deemed  of  urgent  neces¬ 
sity  by  the  Board,  such  repair  or  improvement  may  be  made  by  the 
Board  under  written  contract  or  otherwise,  without  advertising  for 
sealed  proposals. 

Sec.  79.  Said  advertisement  and  notice  shall  invite  sealed  pro¬ 
posals,  to  be  delivered  at  a  certain  day  and  hour  at  the  office  of  the 
Board,  for  furnishing  the  materials  for  the  proposed  work,  or  for  doing 
said  work,  or  for  both,  as  may  be  deemed  best  by  the  Board,  and 
shall  contain  a  general  description  of  the  work  to  be  done,  the  mater¬ 
ials  to  be  furnished,  the  time  within  which  the  work  is  to  be  com¬ 
menced,  and  when  to  be  completed,  and  the  amount  of  bonds  to  be 
given  for  the  faithful  performance  of  the  contract,  and  shall  refer  to 
plans  and  specifications  on  file  in  the  office  of  the  Board  for  full  de¬ 
tails  and  description  of  said  work  and  materials. 

Sec.  80.  All  proposals  shall  be  made  upon  printed  forms,  to  be 
prepared  by  the  Board  and  furnished  gratuitously  upon  application,, 
with  a  form  for  the  affidavit  hereinafter  provided  for,  printed  thereon. 
Each  bid  shall  have  thereof  the  affidavit  of  the  bidder  that  his  bid 
is  genuine,  and  not  sham  or  collusive  or  made  in  the  interest  or  on 
behalf  of  any  person  not  therein  named,  and  that  the  bidder  has  not 
directly  or  indirectly  induced  or  solicited  any  other  bidder  to  put  in 
a  sham  bid,  or  any  other  person  or  corporation  to  refrain  from  bid¬ 
ding,  and  that  the  bidder  has  not  in  any  manner  sought  by  collusion 
to  secure  to  himself  an  advantage  over  other  bidders.  Any  bid  made 
without  such  a  ffidavit  or  in  violation  thereof  shall  be  absolutely  void, 
and  also  any  contract  let  thereunder.  If  at  any  time  discovery  shall 
be  made  that  a  contract  has  been  let  to  a  bidder  who  has  violated  or 
evaded  this  oath,  the  contract  shall  be  cancelled  and  no  recovery  shall 
be  had  thereon,  and  the  Board  shall  at  once  proceed  as  before  to  award 
a  new  contract.  All  bids  shall  be  clearly  and  distinctly  written,  with¬ 
out  any  erasure  or  interlineation,  and  if  any  bid  shall  have  an  erasure 
or  interlineation,  it  shall  not  be  received  or  considered  by  the  Board. 

All  proposals  offered  shall  be  accompanied  by  a  check,  certified  by 
a  responsible  bank,  payable  to  the  order  of  the  Clerk  of  the  Council,, 
for  an  amount  not  less  than  ten  per  cent  of  all  the  aggregate  of  the  pro¬ 
posal;  and  no  proposal  shall  be  considered  unless  accompanied  by  such 
check. 

No  person,  corporation  or  firm  shall  be  allowed  to  make,  file  or  be 
interested  in  more  than  one  bid  for  the  same  work.  If  on  the  opening 
of  said  bids  more  than  one  bid  appear  in  which  the  same  person,  corpor¬ 
ation  or  firm  is  interested,  all  such  bids  shall  be  rejected. 

Sec.  81.  On  the  day  and  at  the  hour  specified  in  said  notice  invit¬ 
ing  sealed  proposals,  the  Board  shall  assemble  and  remain  in  session 
for  at  least  one  hour  thereafter,  and  all  bids  shall  be  delivered  to  the 


CITY  OF  OAKLAND,  CAL. 


39 


Board  by  the  bidder  or  his  agent  while  it  is  so  in  session  and  within 
the  hour  named  in  the  advertisement.  No  bid  not  so  delivered  to  the 
Board  shall  be  considered.  Each  bid,  as  it  shall  be  received,  shall  be 
numbered  and  marked  “Filed”  by  the  President  and  authenticated  by 
his  signature.  At  the  expiration  of  the  hour  stated  in  the  advertise¬ 
ment  within  which  the  bids  will  be  received,  the  Board  shall,  in  open 
session,  open,  examine  and  publicly  declare  the  same,  and  an  abstract 
of  each  bid  shall  be  recorded  in  the  minutes  of  the  Board  by  the  Sec¬ 
retary.  Before  adjourning,  the  Board  shall  compare  the  bids  with  the 
record  made  by  the  Secretary,  and  shall,  thereupon,  at  said  time,  or  at 
some  other  time,  not  exceeding  twenty  days  thereafter,  as  the  Board 
may  adjourn  to,  award  the  contract  to  the  lowest  bidder,  except  as 
otherwise  herein  provided.  Notice  of  such  award  shall  forthwith  be 
posted  for  five  days  by  the  Secretary  of  the  Board  in  some  conspicuous 
place  in  the  office  of  the  Board.  . 

The  Board  maj^  reject  any  and  all  bids,  and  must  reject  the  bid  of 
any  party  who  has  been  delinquent  or  unfaithful  in  any  former  con¬ 
tract  With  the  city,  and  all  bids  other  than  the  lowest  regular  bid;  and 
on  accepting  said  lowest  bid,  shall  thereupon  return  to  the  proper 
parties  the  checks  corresponding  to  the  bids  so  rejected.  If  all  the 
bids  are  rejected,  the  Board  shall  return  all  the  checks  to  the  proper 
parties,  and  again  invite  sealed  proposals,  as  in  the  first  instance. 

[Note — It  is  not  necessary  for  the  Board  in  making  a  record  of  its 
action  in  rejecting  a  bid  to  state  the  reasons  for  such  rejection.  Rice 
vs.  Board,  107  Cal.  page  398.] 

The  check  accompanying  the  accepted  bid  shall  be  held  by  the 
Secretary  of  the  Board  until  the  contract  for  doing  said  work,  as  here¬ 
inafter  provided,  has  been  entered  into,  whereupon  said  certified  check 
shall  be  returned  to  said  bidder. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do  said 
work  as  hereinafter  provided,  then  the  certified  check  accompanying 
his  bid,  and  the  amount  therein  mentioned,  shall  be  forfeited  to  the 
city  and  shall  be  collected  and  paid  into  the  Street  Department  Fund. 
Neither  the  Board  of  Public  Works  nor  the  Council  nor  the  Board 
of  Education  shall  have  power  to  relieve  from  or  remit  such  forfeiture. 

[Note — Where  a  party  is  awarded  a  contract  under  a  bid  made  by 
said  party,  and  it  appears  that  by  reason  of  the  mistake  of  the  bidder, 
the  bid  was  so  low  as  to  render  the  enforcement  of  such  contract  by  tfyp 
city  unconscionable,  a  suit  in  equity  on  behalf  of  the  bidder  will  lie  to 
relieve  him  from  said  bid  and  to  enjoin  the  city  from  enforcing  it. 
Moffett  vs.  City  of  Rochester  et  al.,  82  Fed.  Rep.  255.] 

Sec.  82.  If  at  any  time  it  shall  be  found  that  the  person  to  whom 
a  contract  has  been  awarded  has,  in  presenting  any  bid  or  bids,  col¬ 
luded  with  any  other  party  or  parties,  for  the  purpose  of  preventing 
any  other  bid  being  made,  then  the  contract  so  awarded  shall  be  null 
and  void,  and  no  recovery  shall  be  had  thereon,  and  the  Board  shall 
advertise  for  a  new  contract  for  said  work. 


40 


CHARTER  OF  THE 


Sec.  83.  All  contracts  shall  be  drawn  under  the  supervision  of  the 
City  Attorney,  and  shall  contain  detailed  specifications  of  the  work  to 
be  done,  the  manner  in  which  it  shall  be  executed,  and  the  quality  of 
the  materials  to  be  used.  No  change  or  modifications  in  the  plans  or 
specifications  shall  be  made  after  proposals  for  doing  the  work  have 
been  called  for. 

Every  contract  entered  into  by  the  Board  shall  be  signed  by  at 
least  two  of  the  members  therof,  and  by  the  other  contracting  party. 
All  contracts  shall  be  signed  in  triplicate,  one  of  which,  with  the  speci¬ 
fications  and  drawings,  if  any,  of  the  work  to  be  done,  and  the  mater¬ 
ials  to  be  furnished,  shall  be  filed  with  the  Board  of  Education,  where 
the  work  is  done  upon  requisition  of  that  Board,  and  in  other  cases 
with  the  City  Clerk;  one  thereof,  with  said  specifications  and  drawings, 
shall  be  kept  in  the  office  of  the  Board,  and  the  other,  with  said  speci¬ 
fications  and  drawings,  shall  be  delivered  to  the  contractor. 

At  the  same  time  with  the  execution  of  the  contract,  said  con¬ 
tractor  shall  execute  to  said  city,  and  deliver  to  the  Secretary  of  the 
Board,  a  bond  in  the  sum  named  in  the  notice  for  proposals,  with  two 
or  more  sufficient  sureties  to  be  approved  by  the  Board;  or  shall 
deposit  with  the  Secretary  a  certified  check  upon  some  solvent  bank 
for  said  amount,  for  the  failtful  performance  of  said  contract.  No 
surety  on  any  bond  shall  be  taken  unless  he  be  a  resident  and  house¬ 
holder  or  freeholder  within  the  State,  and  worth  the  sum  specified  in 
the  bond,  over  and  above  all  his  just  debts  and  liabilities,  exclusive  of 
property  exempt  from  execution;  and  each  surety  shall  justify  and  make 
and  sign  an  affidavit  to  that  effect,  of  which  affidavit  a  form  shall  be 
printed  upon  the  bond.  But  when  the  amount  specified  in  the  bond 
exceeds  $3000,  and  there  are  more  than  two  sureties  thereon,  they  may 
state  in  their  affidavits  that  they  are  severally  worth  amounts  less  than 
that  expressed ‘in  the  bond,  if  the  whole  amount  be  equivalent  of  two 
sufficient  sureties. 

The  contract  shall  specify  the  time  within  which  the  work  shall 
be  commenced,  and  when  to  be  completed,  as  was  specified  in  the 
notice  inviting  proposals  therefor.  Upon  the  recommendation  of  the 
Board  the  Council  may  extend  the  time;  but  in  no  event  shall  the 
time  for  the  performance  of  said  contract  be  extended  by  the  Council 
more  than  ninety  days  beyond  the  time  ariginally  fixed  for  its  com¬ 
pletion.  In  the  case  of  failure  on  the  part  of  the  contractor  to  complete 
his  contract  within  the  time  fixed  in  the  contract,  or  within  such  exten¬ 
sion  of  said  time  as  is  herein  provided,  his  contract  shall  be  void,  and 
the  Council  shall  not  pay  or  allow  to  him  any  compensation  for  any 
work  done  by  him  under  said  contract. 

Sec.  84.  The  Board  of  Public  Works  shall,  within  the  time  speci¬ 
fied  in  the  requisitions  made  upon  it  by  the  Council  or  by  the  Board 
of  Education  or  other  department  of  the  city  thereunto  authorized, 
procure  and  furnish  such  material  and  supplies  as  may  be  required 
of  it.  The  Board  of  Public  Works  shall  invite  sealed  proposals  for 
furnishing  the  material  and  supplies  so  required  by  notices  to  be 


CITY  OF  OAKLAND,  CAL. 


4r 


posted  conspicuously  in  its  office  and  published  for  five  days,  and  in 
case  the  estimated  cost  exceed  $5000,  to  be  posted  and  published 
for  ten  days,  and  shall  award  contracts  therefor  to  the  lowest  bidder 
upon  his  giving  security  satisfactory  to  the  Board. 

Sec.  85.  The  notices  inviting  proposals  for  work  to  be  done  and 
materials  and  supplies  to  be  furnished  as  provided  for  in  this  chapter 
shall  specify  for  what  department  the  requisition  is  made  and  shall 
require  the  work  done  and  the  materials  and  supplies  furnished  to  be 
subject  to  the  approval  of  such  department;  and  all  contracts  must 
contain  a  provision  to  that  effect,  and  also  to  the  effect  that  the  work 
done  and  material  and  supplies  furnished  must  be  in  accordance  with 
the  specifications  and  to  the  satisfaction  of  the  Board  of  Public  Works. 
When  said  work  shall  have  been  completed  or  material  and  supplies 
furnished  to  the  satisfaction  of  the  Board  of  Public  Works,  it  shall  so 
declare  by  resolution  and  shall  deliver  to  the  contractor  a  certificate  to 
that  effect. 

Sec.  86.  The  Commissioners  shall  not,  nor  shall  either  of  them, 
or  any  person  employed  in  said  Department,  be  interested,  directly  or 
indirectly,  in  any  contract  for  work,  labor  or  material  entered  into  by 
the  Board;  nor  shall  either  of  such  Commissioners,  efficers  or  employes 
be  allowed  to  receive  any  gratuity  or  advantage  from  and  contractor, 
laborer  or  person  furnishing  labor  or  material  for  the  same.  Any 
contract  made  in  violation  of  any  of  the  provisions  of  this  section  shall 
be  void;  and  the  receipt  of  any  such  gratuity  shall  be  cause  for  the  im¬ 
mediate  removal  from  office,  or  from  employment,  of  the  person  so  re¬ 
ceiving  it,  and  he  shall  be  forever  disqualified  from  holding  any  position 
in  the  service  of  the  city. 

[Note— As  to  summary  proceedings  for  removal  of  officers,  see  Secs. 

758  to  772,  Penal  Code.] 

* 

CHAPTER  II.  OPENING  OF  STREETS. 

[Note— In  the  case  of  Byrne  vs.  Srain,  127  Cal.  page  663,  it  was  held 
that  the  opening  and  widening  of  streets  are  “municipal  affairs,”  within 
the  meaning  of  the  Constitution,  and  that  provisions  of  a  city  Charter 
on  the  subject  of  Street  Opening  were  relieved  from  the  control  of  the 
general  street  opening  act  by  the  amendment  of  1896  to  Section  6  of 
Article  XI.  of  the  Constitution.] 

Sec.  87.  The  Council  is  empowered  to  open,  straighten,  extend  and 
widen  streets,  and  to  modify  the  boundaries  and  change  the  grades 
thereof  and  to  determine  the  property  benefited  thereby,  and  to  assess 
the  expenses  of  such  improvement  upon  the  property  benefited. 

Sec.  88.  All  proceedings  under  this  Charter  shall  be  commenced  by 
petition,  signed  by  five  or  more  residents  and  freeholders  within  the 
<uty,  addressed  to  the  Council  and  filed  with  the  City  Clerk. 

Sec.  89.  The  petition  shall  contain: 


42 


CHARTER  OF  THE 


First — The  names  of  the  petitioners,  and  a  statement  that  each  of 
the  peitioners  is  a  resident  and  freeholder  within  the  city. 

Second — A  statement  that  in  the  opinion  of  the  petitioners  the  public 
interest  requires  that  the  improvement  (describing  it  generally)  should 
be  made. 

Third — A  request  that  the  Council  proceed  to  order  the  improvement 
made. 

Sec.  90.  Upon  the  filing  of  such  petition  the  Council  shall  refer  the 
same  to  the  Board  of  Public  Works,  which  shall  determine  whether  in 
its  judgment  the  said  improvement  or  some  modification  thereof  would 
be  of  public  benefit,  and  shall  report  its  decision  to  the  Council.  If  the 
Council  determine  that  the  improvement  described  in  the  petition  or 
some  modification  thereof  be  of  public  benefit,  it  shall  by  resolution  so 
instruct  the  Board  of  Public  Works,  giving  in  its  resolution  a  general 
description  of  any  modification  it  may  deem  expedient.  The  Board  of 
Public  Works  shall  then  proceed  to  determine  and  define  the  lands  to 
be  taken,  and  the  lands,  if  any,  to  be  damaged  by  the  proposed  im¬ 
provement,  and  the  lands  to  be  benefited  and  assessed  for  the  expenses 
thereof.  It  shall  by  resolution  define  the  lands  necessary  to  be  taken, 
and  the  lands,  if  any,  to  be  damaged,  and  shall  specify  the  exterior 
boundaries  of  the  district  to  be  benefited  and  assessed  therefor.  The 
Board  shall  thereupon  publish  for  twenty  days,  notice  of  the  passage  of 
its  resolution,  and  requiring  all  persons  interested  in  the  lands  to  be 
taken  or  damaged,  or  in  the  district  to  be  benefited  to  present  to  the 
Board  within  the  said  twenty  days  accurate  descriptions  of  the  lots  or 
parcels  of  land  owned  by  them  respectively,  and  to  specify  objections, 
if  any  they  have,  against  the  proposed  improvement.  Within  ten  days 
after  said  publication,  or  such  further  time  as  the  Council  may  by  reso¬ 
lution  allow,  the  Board  of  Public  Works  shall,  with  the  assistance  of  the 
City  Engineer,  cause  to  be  prepared  and  presented  to  the  Council  a  re¬ 
port  of  its  action,  embracing  an  accurate  description  of  each  lot,  piece 
or  parcel  of  land  necessary  to  be  taken  or  damaged,  with  the  names  of 
the  persons  to  whom  the  several  lots,  pieces  or  parcels  of  land  are  re¬ 
spectively  assessed  upon  the  assessment  roll  of  said  city,  and  also  a 
description  of  the  exterior  boundaries  of  the  district  to  be  benefited,  and 
make  a  map  clearly  exhibiting  the  same  as  described.  The  City  Engi¬ 
neer  shall  have  the  right,  if  necessary,  to  enter  upon  any  of  the  said 
lands  for  the  purpose  of  examination  or  survey. 

Upon  receiving  the  said  report  from  the  Board  of  Public  Works,  the 
Council  shall  by  resolution  adopt  or  modify  the  proposed  improvement 
and  the  district  to  be  benefited  thereby,  or  wholly  reject  the  same.  In 
case  of  modifying  the  same,  the  matter  shall  be  referred  back  to  the 
Boa  I'd  of  Public  Works  until  the  proposed  improvement,  and  the  dis¬ 
trict  to  be  benefited  thereby,  shall  conform  to  the  views  of  the  Council; 
an'|  t!le  (  ouncd  shall  then  pass  a  resolution  declaring  its  intention  to 
make  the  improvement  and  assessment  for  benefits.  The  resolution 
shall  embody  the  descriptions  as  finally  reported  by  the  Board  of  Public 


1 


CITY  OP  OAKLAND,  CAL. 


43 


Works,  and  the  names  of  the  owners  of  the  several  parcels  of  land,  as 
reported  by  the  Board.  The  resolution  shall  also  specify  a  time  within 
which  objections  to  the  proposed  improvement  may  be  made  to  the 
Council  by  owners  of  the  land  to  be  taken  or  damaged,  or  of  the  lands 
to  be  assessed  for  benefits,  and  a  day  for  the  hearing  of  such  objections. 
The  said  resolution  must  be  published  for  fifteen  days,  Sundays  and  non¬ 
judicial  days  excepted,  during  which  time  the  owners  must  file  their  ob¬ 
jections.  On  the  day  set  for  the  hearing,  or  upon  any  day  to  which  the 
same  may  be  adjourned,  the  Council  shall  hear  and  pass  upon  the  ob¬ 
jections  and  may  dismiss  the  proceedings,  or  by  ordinance  resolve  to 
proceed  and  order  the  improvements  to  be  made.  The  ordinance  by 
which  the  Council  resolve  to  proceed  with  the  improvement  may  refer 
to  the  resolution  declaring  its  intention  to  make  the  improvement  by  its 
number  without  embodying  the  description,  and  shall  order  the  improve¬ 
ment  to  be  made  by  the  Board  of  Public  Works. 

The  Council  shall  forthwith  transmit  to  the  Board  of  Public  Works  a 
copy  of  the  said  ordinance  and  of  the  resolution  to  make  the  improve¬ 
ment. 

Sec.  91.  Upon  receiving  the  said  copy  of  ordinance  and  resolution, 
the  Board  of  Public  Works  shall,  with  the  aid  of  the  City  Attorney,  as¬ 
certain  as  accurately  as  possible  the  names  of  the  owners  to  be  made 
parties,  and  shall  cause  proceedings  to  be  taken  in  the  name  of  the  city 
•  to  condemn  as  provided  by  law,  under  the  right  of  eminent  domain,  the 
lands  or  any  interest  therein  to  be  taken  or  damaged  for  the  said  im¬ 
provement. 

The  complaint  may  aver  that  it  is  necessary  for  the  city  to  take  or 
damage  and  condemn  the  said  land,  or  an  easement  therein,  as  the  case 
/  may  be,  without  setting- forth  the  proceedings  hereinbefore  provided  for; 
and  the  resolution  and  ordinance  adopting  and  ordering  the  work  to  be 
done,  shall  be  conclusive  evidence  of  such  necessity. 

As  soon  as  the  amounts  to  be  paid  for  the  lands  to  be  taken  and  the 
lands  to  be  damaged  shall,  by  the  said  proceedings,  be  finally  ascer¬ 
tained  and  determined,  the  Board  of  Public  Works  and  the  Council 
shall  proceed  as  hereinafter  provided,  to  apportion  and  collect  the  same 
by  assessment  upon  the  district  to  be  benefited  by  the  improvement. 

Sec.  92.  The  Board  of  Public  Works  shall  ascertain  and  determine, 
as  nearly  as  may  be,  the  entire  costs  of  the  improvement,  including 
value  of  the  land,  cost  of  condemnation,  and  expenses  of  all  kinds 
attending  the  proceedings,  and  shall  apportion  and  assess  the  whole 
amount  of  such  value,  costs  and  expenses,  upon  the  property  within  the 
district  declared  by  the  resolution  of  the  Council  to  be  benefitted  by  the 
improvement,  and  shall  assess  each  lot  or  parcel  of  land  within  the  said 
district  with  its  proportionate  share  of  said  amount,  according  to  the 
benefits  derived  by  it,  in  the  judgment  of  the  Board,  from  the  said 
improvement. 

Sec.  93.  Within  thirty  days  after  the  final  determination  of  the 
amount  to  be  paid  as  aforesaid,  or  such  further  time  as  may  be  allowed 


44 


CHARTER  OF  THE 


by  resolution  of  the  Council,  the  Board  shall  make  and  hold,  subject  to 
inspection  in  their  office,  a  report  of  assessments,  exhibiting  the  sum  of 
money  to  be  paid  to  the  owner  or  owners  of  each  parcel  of  land  to  be 
taken  or  damaged,  stating  the  names  of  the  owners,  as  far  as  they  can 
be  ascertained,  and  describing  accurately  the  several  parcels  of  lands 
within  the  district  to  be  benefitted,  and  the  names  of  the  owners  thereof, 
as  far  as  can  be  ascertained,  and  where  the  owners  are  unknown,  stat¬ 
ing  the  fact;  the  sum  of  money  which  is  assessed  upon  each  particular 
parcel,  and  which  should  be  paid  by  the  owner  thereof. 

Sec.  94.  Upon  the  completion  of  the  said  report,  the  Board  shall  fix 
a  day  for  hearing  the  objections  thereto,  and  shall  give  notice  of  such 
hearing  by  posting  and  publication  for  not  less  than  fifteen  days. 

Sec.  95.  Upon  the  day  fixed  for  the  hearing,  or  upon  any  day  or 
days  to  which  the  hearing  shall  be  regularly  adjourned  by  entry  in  its 
minutes,  the  Board  shall  hear  any  party  interested  upon  any  question 
touching  the  justice  or  equality  of  the  assessment,  or  the  regularity  of 
its  proceedings,  and  may  confirm,  or  revise  and  modify  the  said  assess¬ 
ment  until  it  shall  be  adjudged  to  be  fair  and  equal;  and  it  shall  then 

* 

adopt  such  a  report  of  assessments  as  it  adjudges  to  be  fair  and  equal, 
and  transmit  the  same  to  the  Council. 

Sec.  96.  The  Council  shall  by  ordinance  confirm  the  report  of  the 
Board  of  'Public  Works,  and  order  the  completion  of  the  improvement  in 
accordance  therewith;  or  it  may  by  resolution  refer  the  same  back  to 
the  Board  of  Public  Works,  with  instructions  to  modify  the  assessment  ?, 
until  it  shall  by  ordinance  finally  adopt  and  establish  such  assessment 
as  it  shall  adjudge  to  be  fair  and  equal,  and  order  the  completion  of  the 
improvement  in  accordance  therewith. 

Sec.  97.  This  ordinance  shall  accurately  describe  the  several  parcels 
of  land  assessed,  giving  the  names  of  the  respective  owners,  as  far  as 
the  same  have  been  ascertained,  and  where  the  owners  are  unknown, 
stating  the  fact;  and  the  sum  of  money  which  is  assessed  upon  each 
particular  parcel,  and  which  should  be  paid  by  the  owners  thereof;  but 
it  may  refer  to  the  report  of  the  Board  of  Public  Works  for  description 
of  the  lands  to  be  taken  or  damaged  by  the  improvement. 

The  ordinance  shall  direct  the  sale  of  each  parcel  of  land  so  assessed, 
or  of  so  much  thereof  as  may  be  necessary  to  pay  the  amount  of  its 
assessment  and  expenses  of  sale,  and  the  application  of  the  proceeds  of 
such  assessment  and  sale  to  the  payment  of  the  expenses  of  sale,  and 
the  amount  awarded  to  the  owners  of  the  lands  to  be  taken  or  damaged 
by  the  said  improvement. 

Sec.  98.  A  copy  of  the  ordinance  shall  be  forthwith  transmitted  to 
the  Board  of  Public  Works  for  collection  of  the  assessments.  The  said 
Board  shall  cause  the  ordinance  to  be  published  for  thirty  days,  during 
which  time  the  several  owners  may  make  payment  to  the  Board  of 
Public  Works  of  the  several  amounts  assessed  against  their  lands,  and 
the  Board  of  Public  Works  shall  by  notices  invite  such  payment. 


CITY  OF  OAKLAND,  CAL 


45 


Sec.  99.  After  the  expiration  of  said  thirty  days,  the  Board  of  Pub¬ 
lic  Works  shall  prepare  a  delinquent  list,  exhibiting-,  by  accurate  de¬ 
scription,  the  several  parcels  of  land  so  assessed,  upon  which  the 
assessments  have  not  been  paid,  and  the  names  of  the  owners  of  the 
said  parcels,  as  far  as  ascertained  (and  where  the  owners  are  unknown, 
stating-  the  fact),  and  the  amounts  for  which  they  are  respectively 
assessed;  and  shall  forthwith  transmit  the  said  delinquent  lists,  certified 
by  the  Secretary  of  the  Board,  to  the  Tax  Collector,  who  shall  proceed  to 
collect  the  amounts  appearing-  due  thereon  by  sale,  as  in  case  of  the  col¬ 
lection  of  delinquent  taxes,  and  pay  over  immediately  to  the  Board  of 
Public  Works  the  amounts  so  collected.  The  deed  of  the  Tax  Collector 
made  after  such  sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie 
evidence  of  the  regularity  of  all  proceedings  thereunder,  and  of  title  in 
the  grantee.  It  shall  be  conclusive  evidence  of  the  necessity  of  taking 
or  damaging  the  lands  taken  or  damaged,  and  of  the  correctness  of  the 
compensation  awarded  therefor. 

Sec.  100.  The  moneys  coming  in  to  the  Board  of  Public  Works 
from  the  said  assessment  shall  be  applied  by  the  said  Board  to  the  pay¬ 
ment  of  the  several  amounts  determined  to  be  due  as  compensation  for 
the  lands  taken  or  damaged,  by  payment  into  court  on  behalf  of  the 
owners.  Upon  sucn  payment  being  made,  the  title  to  the  lands,  or  the 
interest  therein  or  the  easement  therein  condemned,  shall  vest  in  the 
City  of  Oakland  for  the  uses  and  purposes  specified  in  the  said  improve¬ 
ment,  and  the  Board  of  Public  Works  shall  take  possession  of  the  same, 
and  cause  the  said  improvement  to  be  carried  out  and  completed. 

CHAPTER  III— IMPROVEMENT  OF  STREETS. 

[Note — The  general  law  governing  street  improvements  within 
municipal  corporations  is  found  in  the  Yrooman  Act,  as  amended. 
See  Stats.,  1885,  p.  147;  Stats.  1887,  p.  148;  Stats,  1889,  p.  157;  Stats, 
1891,  pp.  116,  196,  and  Stats.  1893,  pp.  89,  172.  The  provisions  of  this 
chapter  are  not  inconsistent  with  that  act.’] 

Sec.  101.  All  streets,  lanes,  alleys,  places  and  courts  in  said  city 
now  open  or  dedicated,  or  which  may  hereafter  be  opened  or  dedi¬ 
cated  to  public  use  and  of  which  the  grade  and  width  have  been 
legally  established,  are  and  shall  be  open  public  streets  for  the  purposes 
of  this  article.  The  Council  shall,  as  soon  as  practicable,  cause  an 
official  map  of  the  city,  upon  which  shall  be  exhibited  all  streets,  lanes, 
alleys,  places,  courts,  parks  and  squares  dedicated  to  public  use;  and 
upon  the  approval  of  said  map  by  the  Council,  all  streets,  lanes,  alleys, 
places,  courts,  parks  and  squares  appearing  thereon  shall  be  prima 
facie  deemed  and  held  to  be  open  public  streets,  lanes,  alleys,  places, 
courts,  parks  and  squares. 

Sec.  102.  Upon  such  open  public  streets  in  said  city  all  “improve¬ 
ment,”  as  defined  in  the  Act  of  the  Legislature  of  the  State  of  Cali¬ 
fornia,  entitled  “An  Act  to  Provide  for  Work  Upon  Streets,  Lanes, 


4b  CHARTER  OF  THE 

Alleys,  Courts,  Places  and  Sidewalks,  and  for  the  construction  of 
Sewers  within  Municipalities,”  approved  March  18,  1885,  shall  be 
done  by  authority  of  the  Council,  and  the  expenses  thereof  paid  under 
and  in  accordance  with  the  provisions  of  the  said  Act  and  of  any  Acts 
which  may  be  passed  in  amendment  thereof  or  supplemental  thereto 
or  in  substitution  therefor.  And  the  Council  is  invested  with  jurisdic¬ 
tion  to  change  the  grades  of  said  streets,  lanes,  alleys,  places  and 
courts,  and  fix  the  width  thereof. 

Sec.  103.  Whenever  application  shall  be  made  to  the  Council  for 
any  improvement  to  be  done  under  the  provisions  of  this  chapter, 
unless  such  application  be  made  by  the  owners  of  more  than  one-half 
in  frontage  in  lots  and  lands  fronting  on  the  street,  lane,  alley,  place 
or  court  upon  which  the  improvement  is  to  be  done,  or  their  agents, 
the  Council  shall  refer  the  matter  to  the  Board  of  Public  Works  for 
information.  The  Board  shall  as  soon  as  practicable  thereafter,  de¬ 
termine  whether  in  its  judgment  the  public  interest  or  convenience  re¬ 
quires  the  said  improvement  to  be  made,  and  shall  immediately  report 
its  determination  to  the  Council,  which  shall  thereupon  take  such 
action  as  it  may  deem  proper  in  the  premises. 

Sec.  104.  The  Superintendent  of  Streets  shall  at  all  times  keep 
the  members  of  the  Board  of  Public  Works  advised  of  the  commence¬ 
ment  and  progress  of  any  street  improvement  which  is  being  done 
under  his  superintendence.  They  shall  continuously  examine  and 
inspect  the  same,  its  materials  and  construction,  and  the  Board  of  Pub¬ 
lic  Works  shall  make  any  recommendation  in  reference  thereto  which  it 
may  deem  advisable;  and  before  finally  accepting  the  same,  the  Superin¬ 
tendent  shall  advise  the  Board  of  its  completion  in  due  season  to  permit 
of  such  of  recommendation  and  of  his  action  thereon. 

CHAPTER  IV— SEWERS  AND  DRAINAGE. 

[Note — For  Act  authorizing  incurring  indebtedness  for  construction 
of  sewers  and  other  public  improvements  see  Stat.  1889,  p.  399,  as 
amended  by  Stat.  1891,  pp.  84,  94,  132;  Stat.  1893,  p.  61;  Rice  vs.  Board  of 
Trustees,  etc.,  107  Cal.  398.] 

Sec.  105.  The  Board  of  Public  Works  shall  devise  a  general  sys¬ 
tem  of  sewering  and  drainage,  which  shall  embrace  all  matters  relative 
to  the  thorough,  systematic  and  effectual  drainage  and  sewerage  of 
the  city,  and  shall  submit  the  same  to  the  Council,  and  shall  from  time 
to  time  make  to  the  Council  such  recommendations  upon  the  subject 
of  sewerage  and  drainage  as  it  may  deem  proper. 

Sec.  106.  The  Board  shall  prescribe  and  recommend  to  the  Coun¬ 
cil  for  adoption  the  location,  form  and  material  to  be  used  in  construc¬ 
tion,  reconstruction  and  repairing  of  all  public  sewers,  manholes,  sinks, 
drains,  cesspools  and  other  appurtenances  belonging  to  the  drainage 
and  sewerage  system,  and  of  every  private  drain  or  sewer  emptying  into 
a  public  sewer,  and  determine  the  place  and  manner  of  the  connection. 


( 


CITY  OF  OAKLAND,  CAL. 


47 


Sec.  107,  The  Board  shall  recommend  to  the  Council  rules  and 
regulations  concerning  the  public  and  private  sewers  and  drains  in  this 
city,  and  upon  recommendation  of  said  Board  the  Council  is  authorized 
to  pass  an  ordinance  establishing  the  same  and  prescribing  the  penalties 
for  any  violation  thereof. 

Sec.  108.  No  person  shall  connect  with  or  open  or  penetrate  any 
public  sewer  or  drain  without  first  obtaining  a  permit  in  writing  from 
the  Board  of  Public  Health,  and  complying  with  the  rules  and  regu¬ 
lations  of  said  Board  in  reference  thereto. 

Sec.  109.  The  Board  of  Public  Works  may  also  recommend  to 
the  Council  the  construction  of  canals,  sewers,  tunnels,  ditches,  drains, 
embankments,  reservoirs,  pumping-  works,  machinery  and  other  works 
necessary  for  the  proper  and  effectual  drainage  of  the  city,  together  with 
plans  for  connecting  the  same  with  sewers  and  private  drains  already 
constructed  or  thereafter  to  be  constructed. 

Sec.  110.  The  Council  may,  upon  the  recommendation  of  said 
Board,  by  ordinance  authorize  the  purchase  of  any  personal  property, 
or  the  acquisition  by  purchase  or  condemnation  of  any  real  estate  which 
may  be  necessary  for  the  construction  of  any  sewer  or  the  making  of 
any  improvement  provided  for  in  this  Charter. 

Sec.  111.  When,  upon  the  recommendation  of  the  Board  of  Public 
Works,  the  Council  shall  determine  upon  any  improvement  for  the 
purpose  of  sewerage  and  drainage,  which  necessitates  the  acquisition 
or  condemnation  of  private,  property,  the  said  Board  or  Council  is 
unable  to  agree  with  the  owner  thereof  upon  the  amount  of  compen¬ 
sation  or  damages  to  be  paid  therefor,  or  when  such  owner  is  in  any 
way  incapable  of  making  any  agreement  in  reference  thereto,  and  in 
all  cases  in  which  said  Board  shall  deem  it  most  expedient,  it  shall, 
wiien  authorized  by  the  Council  by  ordinance,  have  the  right  to  cause 
said  property  to  be  condemned,  and  to  institute  proceedings  for  the 
condemnation  of  such  property,  and  for  the  ascertainment  of  damages 
in  the  manner,  so  far  as  the  same  is  applicable,  which  is  provided  in 
this  article  for  the  condemnation  of  real  estate  when  necessary  for  the 
opening  of  any  street. 

[Note — For  general  law  as  to  condemnation  proceedings,  see  Secs. 
1237  to  1263,  Cide  of  Civil  Procedure.] 

[Note — Condemnation  for  public  uses  generally  see  Sec.  194  post.] 


48 


CHARTER  OF  THE 


ARTICLE  VII. 
Educational  Department. 


[Note— Relations  of  charter  provisions  to  school  system  under 
Pol.  Code,  Kennedy  vs  Miller,  97  Cal.  429.] 

Sec.  112.  The  government  of  the  School  Department  of  the  city 
shall  be  vested  in  a  Board  of  Education,  to  consist  of  eleven  members, 
to  be  called  School  Directors,  and  who  shall  receive  no  compensation. 
One  School  Director  shall  be  elected  from  each  ward  and  four  from 
the  city  at  large.  Their  terms  of  office  shall  be  two  years.  No  person 
shall  be  eligible  to  the  office  of  School  Director  unless  he  is  at  the  time 
of  his  election  the  head  of  a  family;  and  no  two  of  those  elected  at  large 
shall  be  residents  of  the  same  ward  at  the  time  of  their  election. 

[Note — By  the  provisions  of  Section  1670  of  the  Political  Code, 
Stats.  1897,  p.  79,  the  Board  of  Education  also  constitutes  the  High 
School  Board,  which  has  control  of  the  High  School.  See  also  Section 
114,  Sub.  22,  of  this  Charter  post;  also  Section  128  and  notes  thereto.] 

Sec.  113.  The  Board  of  Education  shall,  immediately  after  their 
election  and  qualification,  meet  and  organize  by  electing  one  of  their 
number  President,  whose  term  of  office  shall  be  one  year.  The  Board 
shall  hold  regular  meetings  at  least  once  in  each  month,  and  at  such 
times  as  shall  be  determined  by  its  rule^.  Special  meetings  may  be 
called  at  any  time  by  the  President  or  any  three  of  the  members.  A 
majority  of  all  the  members  shall  constitute  a  quorum  for  the  trans¬ 
action  of  business,  and  the  affirmative  vote  of  six  members  shall  be 
necessary  to  pass  any  measure,  but  a  smaller  number  may  adjourn 
from  time  to  time.  The  Board  may  determine  the  rules  of  its  pro¬ 
ceedings,  and  the  ayes  and  noes  shall  be  taken  when  demanded  by 
any  member  and  entered  on  the  records  of  the  Board.  Its  records  shall 
be  open  to  public  inspection.  The  Board  shall  fill  all  vacancies  occur¬ 
ring  in  the  Board  until  the  next  regular  municipal  election. 

Sec.  114.  The  powers  and  duties  of  the  Board  of  Education  are  as 
follows: 

[Note — For  the  general  law  as  to  powers  of  Boards  of  Education, 
see  Sec.  1617,  Political  Code,  whose  provisions  are  in  force  in  this  city 
and  supersede  all  conflicting  provisions  of  this  section.  See  Sec.  1616, 
Pol.  Code;  also  82  Cal.  492;  power  to  establish  kindergarten  system, 
Sinnott  vs,  Colombet,  107  Cal.  187.] 

1.  To  establish  and  maintain  public  schools,  to  change,  consolidate 
and  discontinue  the  same,  to  manage  and  control  the  school  property, 
to  establish  school  districts  and  to  fix  and  alter  the  boundaries  thereof. 

2.  To  employ,  pay  and  dismiss  teachers,  janitors  and  School  Census 
Marshals,  and  such  persons  as  may  be  necessary  to  carry  into  effect 


CITY  OF  OAKLAND,  CAL. 


49 


the  powers  and  duties  of  the  Board,  and  to  fix,  alter,  allow  and  order 
paid  their  salaries  or  compensation,  and  to  withhold,  for  good  and  suffi¬ 
cient  cause,  the  whole  or  any  part  of  the  salary  or  wages  of  any  person 
or  persons  employed  as  aforesaid;  provided,  that  no  teacher  shall  be 
dismissed  until  after  investigation  and  without  good  cause  established 
to  the  satisfaction  of  the  Board. 

[Note — For  the  general  law  as  to  dismissal  of  teachers,  see  Sec. 
1793,  Political  Code.  In  construing  this  section,  together  with  Sec.  1617, 
Pol.  Code,  cited  ante,  the  Supreme  Court,  in  the  Kate  Kennedy  case,  82 
Cal.  483,  held  that  “a  teacher  elected  without  limitation  as  to  time  of 
employment,  is  entitled  to  hold  the  position  while  competent  and  faith¬ 
ful,  and  can  only  be  dismissed  for  violation  of  the  rules  of  the  Board  of 
Education,  or  for  incompetency,  unprofessional  or  immoral  conduct.” 
The  statute  also  guarantees  a  teacher  against  removal  to  a  lower  grade 
without  consent.  See  82  Cal.  492. 

In  the  case  of  Marion  vs.  Board  of  Education,  97  Cal.  606,  it  was 
held  that  when  the  Board  “went  into  executive  session  for  the  election 
of  teachers  for  the  ensuing  year,”  a  teacher  thereupon  declared  elected 
is  chosen  only  for  the  ensuing  year,  and  may  be  dismissed  at  any 
time  after  its  expiration. 

In  the  case  of  Marion  vs.  Board  of  Education  (case  No.  6648),  the 
Superior  Court  of  Alameda  County  decided  that  a  teacher  wrongfully 
removed  cannot  compel  reinstatement  unless  her  city  certificate  is  still 
in  force. 

In  the  case  of  Malloy  vs.  Board  of  Education,  102  Cal.  642,  the 
Supreme  Court  held  that  the  mere  balloting  for  a  certain  teacher  by 
the  requisite  number  of  the  Board  of  Education  does  not  constitute  an 
employment  of  her,  and  if  the  Board  then  refuse  to  declare  her  elected, 
she  cannot  maintain  mandamus  to  enforce  her  employment. 

In  the  case  of  Itsell  vs.  Board  of  Education,  the  Superior  Court  of 
the  City  and  County  of  San  Francisco  (Wallace,  Judge),  in  granting  a 
writ  of  mandamus  on  March  8,  1895,  restoring  petitioner  to  his  former 
position,  decided  substantially  as  follows:  The  dismissal  of  a  teacher 
or  removal  to  a  lower  grade  during  her  term  of  employment  can  only 
be  made  upon  proper  complaint  and  after  procedure  in  strict  conformity 
to  the  general  law  and  the  rules  of  the  Board,  and  a  principal’s  report 
declaring  a  teacher  incompetent  does  not  constitute  a  proper  complaint. 
The  povTer  of  the  Board  to  investigate  charges  against  a  teacher,  being 
delegated  to  the  Board  by  statute,  cannot  be  again  delegated  to  a  com¬ 
mittee,  but  the  testimony  may  be  taken  by  a  committee  and  reported  by 
them  to  the  Board  for  action. 

See  also  Sec.  206  of  this  Charter,  post.] 

3.  To  make,  establish  and  enforce  all  necessary  and  proper  rules 
and  regulations  for  the  government  and  progress  of  public  schools  and 
for  the  investigation  of  charges  against  any  person  in  the  employ  of 
the  department,  and  for  carrying  into  effect  the  laws  relating  to  edu¬ 
cation;  also  to  establish  and  regulate  the  grade  of  schools,  and  deter- 


50 


CHARTER  OF  THE 


mine  what  text  books  (other  than  those  published  by  the  State),  course 
of  study  and  mode  of  instruction  shall  be  used  in  said  schools;  but  any 
text-book  determined  upon  by  the  Board  shall  not  be  changed  within 
a  period  of  four  years  after  its  adoption. 

[Note — Rules  of  the  Board  of  Education  cannot  control  provisions 
of  the  general  law  (Sec.  1617,  Pol.  Code;  66  Cal.  473)  nor  valid  Charter 
provisions  (102  Cal.  f>42.)] 

4.  To  provide  for  the  School  Department  all  necessary  supplies, 
and  incur  such  other  incidental  expenses  as  may  be  necessary  for  the 
welfare  of  the  department. 

5.  To  build,  rent  and  provide  schoolhouses,  and  to  furnish  them 
with  proper  school  furniture,  apparatus  and  appliances. 

6.  To  purchase,  sell  or  exchange  school  lots,  and  to  take  charge 
of  any  and  all  real  estate  and  personal  property  that  may  have  been 
acquired,  or  may  hereafter  be  acquired,  for  the  use  and  benefit  of  the 
public  schools  of  the  city;  and  to  make,  in  the  name  of  the  city,  con¬ 
veyances  of  property  belonging  to  the  city  and  sold  by  the  Board  of 
Education;  provided,  that  no  real  estate  shall  be  bought,  sold,  or  ex¬ 
changed  without  the  consent  of  the  Council,  evidenced  by  ordinance; 
and  provided,  further,  that  the  proceeds  of  any  such  sale  or  exchange  of 
real  estate  shall  be  exclusively  applied  to  the  purchase  of  other  lots,  or 
the  erection  of  schoolhouses  for  the  use  of  this  department. 

7.  To  appoint  School  Census  Marshals  on  or  before  the  first  day  of 
May  of  Each  year,  whose  duties  shall  be  as  prescribed  by  general  law, 
and  to  notify  the  County  Superintendent  of  Schools  of  such  appoint¬ 
ments. 

[Note — For  the  general  law  as  to  Census  Marshals,  see  Secs.  1634 
to  1640,  Political  Code.] 

8.  To  sue  in  the  name  of  the  city  for  any  and  all  property  acquired 
or  claimed  for  the  use  and  benefit  of  the  School  Department,  and  to 
presecute  and  defend  all  actions  at  law  or  in  equity,  necessary  to  re¬ 
cover  and  maintain  the  full  enjoyment  and  possession  of  said  property, 
and  to  require  the  services  of  the  City  Attorney  in  all  such  actions. 

9.  To  estimate  annually  the  amount  of  money  required  for  the  sup¬ 
port  of  the  public  schools,  and  for  carrying  into  effect  all  the  provisions 
of  law  in  reference  thereto;  and  in  pursuance  of  this  provision  the 
Board  shall,  on  or  before  the  last  Monday  of  July  of  each  year,  submit 
in  writing  to  the  Auditor  a  statement  verified  by  at  least  a  majority  of 
the  Board,  containing  a  careful  estimate  of  the  whole  amount  of  money 
to  be  received  from  the  State  and  county,  and  the  amount  required  from 
the  city  for  the  above  purposes.  The  Auditor  shall  transmit  the  same 
to  the  Council  as  in  this  Charter  provided,  and  the  Council  shall,  in 
each  year,  after  receiving  such  estimate,  fix,  in  its  discretion,  by  ordi¬ 
nance  the  percentage  of  taxes  to  be  levied  and  collected  for  school  pur¬ 
poses;  provided,  that  the  amount  thus  levied  for  school  purposes  shall 
not  exceed  thirty  cents  on  each  one  hundred  dollars  valuation  upon  the 


CITY  OP  OAKLAND,  CAL. 


51 


assessment  roll,  but  may  be  increased  to  forty  cents  by  the  consent  of 
two-thirds  of  the  Council;  and  that  when  collected  it  shall  be  immedi¬ 
ately  paid  into  the  school  fund,  to  be  drawn  out  only  upon  the  order  of 
the  Board  of  Education. 

[Note — Estimate  by  Board,  Board  of  Education  vs.  Trustees,  96  Cal. 
42,  and  Board  of  Education  vs.  Trustees,  129  Cal.  599.] 

10.  To  establish  regulations  for  the  just  and  equitable  disburse¬ 
ment  of  all  moneys  belonging  to  the  Public  School  Fund. 

11.  To  examine  every  demand  payable  out  of  the  School  Fund,  and 
for  good  cause  to  reject  any  such  demand,  or  to  allow  the  same  in  whole 
or  in  part;  and  to  compel  the  attendance  of  witnesses  before  the  Board 
or  any  committee  thereof  in  any  matter  under  investigation. 

12.  To  discharge  all  legal  incumbrances  now  existing,  or  which 
may  hereafter  exist,  upon  any  school  property. 

13.  To  prohibit  any  child  under  six  years  of  age  from  attending  the 
public  schools,  and  to  suspend  or  expel  pupils  for  misconduct. 

14.  To  dispose  of  and  sell  at  public  auction  such  personal  property 
as  shall  no  longer  be  required  by  the  department.  All  moneys  realized 
from  such  sales  shall  be  paid  into  the  Treasury  to  the  credit  of  the 
School  Fund. 

[Note — See  Sec.  185  post.] 

15.  To  receive  and  manage  property  or  money  acquired  by  device, 
bequest  or  donation  in  trust  for  the  benefit  of  any  school,  educational 
purpose,  or  school  property. 

16.  To  exclude  from  the  schools  and  school  libraries  all  books,, 
publications  or  papers  of  sectarian,  partisan  or  denominational  char¬ 
acter. 

17.  To  furnish  books  for  the  children  of  parents  unable  to  furnish 
them.  The  books  so  furnished  shall  belong  to  the  city,  and  shall  be 
kept  in  the  libraries  of  the  schools  when  not  in  use. 

18.  To  keep  a  register  at  each  school,  open  to  the  inspection  of 
the  public,  of  all  children  applying  for  and  entitled  to  admission  in  the 
schools,  and  to  notify  the  parents  or  guardians  of-  such  children  -when 
vacancies  occur,  and  to  receive  such  children  in  the  schools  in  the  order 
in  which  they  Eire  registered. 

19.  To  make  an  annual  report  on  or  before  the  first  day  of  July  in 
each  year  to  the  County  Superintendent  of  Schools  in  the  manner  and 
form  and  on  the  blanks  prescribed  by  the  State  Superintendent  of  Pub¬ 
lic  Instruction. 

20.  To  make  a  report  whenever  required,  directly  to  the  State 
Superintendent  of  Public  Instruction,  of  the  text-books  used  in  the  city 
schools. 

21.  Each  member  of  the  Board  shall  visit  every  school  in  the  city 
at  least  once  in  each  term,  and  examine  carefully  into  its  management,, 
condition  and  wants. 


52 


CHARTER  OF 


THE 


22.  It  shall  be  the  duty  of  the  Board  to  prescribe  a  course  of  study 
that  will  fit  and  prepare  the  students  therein  to  enter  any  of  the  de¬ 
partments  of  the  University  of  the  State  of  California.  Such  course 
shall  be  known  as  the  High  School  Course. 

[Note — The  general  law  governing  High  Schools  in  municipalities 
is  to  be  found  in  Sections  1669,  1670  of  the  Political  Code.  See  also  Sec¬ 
tions  112,  128  of  this  Charter,  and  notes  thereto.] 

23.  The  Board  may  provide  departments  for  the  training  of  pupils 
in  the  industrial  and  mechanic  arts,  and  shall  have  power  to  furnish 

such  departments  with  necessary  tools,  apparatus  and  appliances. 

24.  And  generally  to  do  and  perform  such  other  acts  as  may  be 
required  by  general  law  applicable  to  the  city,  and  as  may  be  necessary 
and  proper  to  carry  into  force  and  effect  the  powers  conferred  on  said 
Board,  and  to  increase  the  efficiency  oft  he  public  schools  in  the  city. 

Sec.  115.  The  City  School  Superintendent  and  each  member  of  the 
Board  shall  have  power  to  administer  oaths  and  affirmations  in  all  mat¬ 
ters  connected  with  the  department. 

Sec.  116.  For  all  supplies,  books,  stationery,  fuel,  printing,  goods, 
merchandise  and  all  other  materials  and  supplies  for  the  public  schools, 
or  any  of  them,  when  the  expenditure  to  be  incurred  on  account  of 
such  matter  may  exceed  one  hundred  dollars,  the  Board  of  Education 
shall  make  a  requisition  upon  the  Board  of  Public  Works.  Such  requi¬ 
sition  shall  state  in  clear  and  explicit  terms  the  quantity  and  kind  of 
all  articles  needed  and  how,  when  and  where  to  be  delivered. 

Sec.  117.  The  Board  of  Education  shall  annually,  at  its  first 
regular  meeting  in  May,  make  such  requisition  for  all  supplies  estimated 
to  be  required  by  the  School  Department  for  the  ensuing  fiscal  year. 

Sec.  118.  It  shall  be  the  duty  of  the  Board  to  furnish  annually  in 
writing  such  information  concerning  the  public  schools  of  the  city  as 
may  be  required  from  it  by  law,  or  the  State  Superintendent  of  Public 
Instruction  or  the  Council. 

Sec.  119.  The  Board  of  Education,  at  any  time  when  deemed  neces¬ 
sary  may,  by  resolution  passed  at  a  regular  meeting,  make  a  requisition 
upon  the  Board  of  Public  Works  for  plans  and  specifications  and  esti¬ 
mates  for  a  new  school  house,  specifying  the  location  thereof,  and 
number  of  class  rooms  needed,  the  date  on  which  it  should  be  com¬ 
pleted,  the  amount  of  money  in  the  School  Fund  available  for  the 
purpose,  and  such  other  information  as  will  enable  the  Board  of  Pub¬ 
lic  Works  to  prepare  the  necessary  plans,  specifications  and  estimates 
of  the  cost  of  such  school  house. 

Sec.  120.  The  Board  of  Public  Works  shall,  within  thirty  days 
after  the  receipt  of  such  requisition,  submit  in  duplicate  to  the  Board 
of  Education,  such  plans,  specifications  and  estimates,  wTiich  the  Board 
of  Education  may  approve,  reject  or  recommit  it  to  the  Board  of  Pub¬ 
lic  Works.  When  approved,  the  date  of  approval  shall  be  indorsed  on 


CITY  OF  OAKLAND,  CAL. 


53 


'each  duplicate  by  the  President  and  Secretary  of  the  Board  of  Edu¬ 
cation;  and  thereupon  one  of  said  duplicates  shall  be  filed  with  the 
archives  of  the  Board  of  Education,  and  the  other  shall  be  returned  to 
the  Board  of  Public  Works,  which  shall  proceed  without  delay  with  the 
erection  of  such  new  school  house  in  accordance  therewith. 

Sec.  121.  The  Board  of  Public  Works  shall  notify  the  Board  of 
Education  of  the  completion  of  such  new  school  house.  The  Board  of 
Education  shall  thereupon  examine  the  same,  and  if  built  in  accordance 
with  the  plans  and  specifications,  and  within  the  estimated  cost  thereof, 
shall  accept,  pay  for  and  take  possession  thereof. 

Sec.  122.  When  any  school  house,  building,  fence,  grounds  or 
sidewalk  under  control  of  the  Board  of  Education  needs  repairing, 
altering,  improving  or  additions,  said  Board  shall  notify  the  Board  of 
Public  Works,  specifying  in  general  terms  the  work  to  be  done.  If 
the  cost  of  such  repairing,  altering,  improving  and  additions  shall  not 
exceed  two  hundred  dollars,  the  last  named  Board  shall  cause  the  same 
to  be  done  forthwith,  and  report  the  completion  thereof  with  an  item¬ 
ized  account  of  the  cost  to  the  Board  of  Education.  If  the  cost  of  such 
repairing,  altering,  improving  and  additions  shall  exceed  said  sum,  the 
same  proceedings  shall  be  had  as  provided  for  the  erection  of  a  new 
school  house. 

Sec.  123.  Any  School  Director,  officer,  or  other  person  officially 
connected  with  the  School  Department,  or  drawing  a  salary  from  the 
Board  of  Education,  who  shall,  while  an  officer  so  connected  or  draw¬ 
ing  salary,  be  interested  either  directly  or  indirectly  in,  or  who  shall 
gain  any  advantage  or  benefit  from  any  contract,  payments  under  which 
are  to  be  made,  in  whole  or  in  part,  out  of  the  moneys  derived  from 
the  School  Fund,  or  raised  by  taxation  or  otherwise  for  the  support  of 
the  public  schools,  or  who  shall  gain  or  attempt  to  gain  by  reason  of 
any  official  act  or  the  promise  of  any  official  act,  any  consideration, 
advantage,  or  benefit  from  any  teacher  or  any  employe  of  the  depart¬ 
ment,  or  from  any  applicant  for  a  position  in  the  department,  shall 
forfeit  his  office  and  be  forever  disqualified  from  holding  any  position 
in  the  service  of  the  city;  and  this  provision  shall  not  be  construed  to 
relieve  such  person  from  any  other  penalty,  but  shall  be  deemed  cumu¬ 
lative  to  other  penalties  and  disabilities  for  such  acts  and  offenses. 

Sec.  124.  The  Board  of  Education  shall,  between  the  first  and 
tenth  day  of  June  of  each  year,  fix  a  schedule  of  salaries  for  teachers 
and  employees  of  the  School  Department,  to  take  effect  on  the  first  day 
of  July  following,  and  to  remain  in  force  during  the  fiscal  year. 

Sec.  125.  There  shall  be  a  City  Board  of  Examination,  which  shall 
have  the  authority  and  shall  be  constituted,  governed  and  compen¬ 
sated  as  provided  in  Article  XVII.,  Chapter  III.,  Title  III.,  Part  III.,  of 
the  Political  Code  and  all  acts  amedatory  thereof  and  supplemental 
thereto  and  the  holders  of  the  certificates,  granted  by  the  Board  of  Ex¬ 
amination,  shall  be  entitled  to  the  same  protection  and  subject  to  the 
same  rule  and  regulations  as  are  provided  in  said  Article  XVII. 


54 


CHARTER  OF  THE 


[Note  1 — The  portion  of  the  'Political  Code  herein  referred  to  is  to 
be  found  in  Sections  1787  to  1794,  inclusive.] 

[Note  2 — The  Superior  Court  of  this  county  has  decided  that  the 
Constitution,  Art.  IX.,  Sec.  7,’  does  not  require  the  holding  of  a  county 
certificate  to  render  a  teacher  eligible  to  employment  by  the  City  Board 
of  Education.  See  the  case  of  “Campbell  vs.  Campbell,”  No.  4635,  decided 
Oct.  6,  1887;  Hamilton,  Judge.] 

Sec.  126.  It  shall  be  the  duty  of  the  Board  of  Education  immed¬ 
iately  after  its  organization,  to  elect  a  City  School  Superintendent,  who 
shall  be  an  experienced  teacher,  and  whose  term  of  office  shall  be  four 
years.  The  City  School  Superintendent  may  appoint  an  assistant,  who 
shall  also  be  an  experienced  teacher,  and  whose  salary  shall  be  fixed  by 
the  Board. 

Sec.  127  The  City  School  Superintendant  shall  act  as  Secretary 
and  book-keeper  of  the  Board  of  Education,  and  perform  the  clerical 
duties  required  by  such  Board.  In  the  absence  of  the  Superintendent 
and  his  assistant,  the  Board  of  Education  may  appoint  one  of  their 
own  number  to  act  as  Secretary.  It  shall  be  the  duty  of  the  Superin¬ 
tendent,  for  good  and  sufficient  cause,  to  provisionally  suspend  any 
teacher  employed  in  the  schools  of  the  city  until  the  next  meeting  of  the 
Board.  It  shall  be  his  duty  to  report  to  the  Board  of  Education  an¬ 
nually,  and  at  such  other  times  as  it  may  require,  all  matters  pertaining 
to  the  expenditures,  income  and  condition  and  progress  of  the  public 
schools  of  said  city  during  the  preceding  year,  with  such  recommenda¬ 
tions  as  he  may  deem  proper,  to  visit  each  school  at  least  once  a  month,, 
to  observe  and  cause  to  be  observed  such  general  rules  for  the  regu¬ 
lation,  government  and  instruction  of  the  schools  as  may  be  established 
by  the  Board;  to  recommend  to  the  Board  for  good  cause  the  dis¬ 
missal  of  teachers  and  the  cancellation  of  their  certificates,  stating  the 
reason  therefor;  to  attend  all  sessions  of  the  Board,  and  inform  them  at 
each  session  of  the  condition  of  the  public  schools,  school  houses, 
School  Fund  and  other  matters  connected  therewith,  and  recommend 
such  measures  as  he  may  deem  necessary  for  the  advancement  of  edu¬ 
cation  in  the  city;  to  acquaint  himself  with  all  the  laws,  rules  and  regu¬ 
lations  governing  the  public  schools  in  the  city,  and  the  judicial  decis¬ 
ions  thereon,  and  give  advice  connected  with  the  public  schools,  gratui¬ 
tously,  to  officers,  teachers,  pupils  and  their  parents  and  guardians. 

Sec.  128.  The  School  Fund  shall  consist  of  all  moneys  received 
from  the  State  and  County  School  Fund;  of  all  moneys  arising  from 
taxes,  which  shall  be  levied  annually  by  the  Council  for  school  pur¬ 
poses;  of  all  moneys  arising  from  the  sale,  rent  or  exchange  of  any  of 
the  school  property,  and  of  such  other  moneys  as  may,  from  any  source 
whatever,  be  paid  into  the  School  Fund,  which  fund  shall  be  separate 
and  distinct  from  all  other  moneys,  and  shall  only  be  used  for  school 
purposes  under  the  provisions  of  this  Charter.  If,  at  the  end  of  any 
fiscal  year,  any  surplus  remains  in  the  School  Fund,  such  surplus  shall 
be  carried  forward  to  the  School  Fund  of  the  next  fiscal  year,  and  shall. 


CITY  OF  OAKLAND,  CAL. 


55 


not  be  for  any  purpose  whatever  diverted  or  withdrawn  from  said 
fund,  except  under  the  provisions  of  this  Charter. 

[Note — By  the  general  iaw,  (Sec  1617,  Political  Code,)  which 
supersedes  all  conflicting  Charter  provisions,  each  incorporated  city 
constitutes  a  school  district  under  our  common  school  system,  and 

the  Board  of  Education  is  required  “to  pay  all  moneys  collected  by 

them  from  any  source  whatever  for  school  purposes  into  the  County 
Treasury,”  to  be  placed  to  the  credit  of  the  School  Fund  of  the  city. 

The  County  Superintendent  of  Schools  is  required  to  apportion  to  such 

fund,  for  the  city  as  such  school  district,  its  proportion  of  the  school 
moneys  of  the  county  (Sec.  1543,  Pol.  Code).  On  the  order  of  the  Board 
of  Education,  it  is  the  duty  of  the  County  Superintendent  “to  draw  his 
requisition  upon  the  County  Auditor  for  all  necessary  expenses  against 
the  School  Fund  of  any  city,”  and  “upon  receipt  of  such  requisition,  the 
(County)  Auditor  shall  draw  his  warrant  upon  the  County  Treasurer 
in  favor  of  the  parties,  and  for  the  amounts  stated  in  such  requisition.” 
(Sec.  1543,  Pol.  Code.)  See  Kennedy  vs.  Miller,  97  Cal.  429. 

An  attempt  was  made,  by  amendment  of  Sec.  1543,  Sub.  3,  Political 
Code,  in  1893,  Stats.  1893,  p.  240,  to  provide  for  the  drawing  out  of  the 
County  Treasury  in  a  lump  sum  of  all  school  moneys  apportioned  to 
any  city  therein,  but  this  amendment  was  declared  unconstitutional  in 
the  case  of  Bruch  vs.  Colombet,  104  Cal.  347. 

Provision  for  the  maintenance  of  the  High  School  is  made  by  Sec. 
1670  of  the  Political  Code,  Stats,  1893,  p.  268,  as  amended,  Stat.  1895, 
p.  293,  and  Stat.  1897,  p.  79,  under  which  a  special  city  tax  levy  is  made, 
the  money  so  raised  to  be  paid  into  the  City  Treasury  to  the  credit  of 
the  High  School  Fund,  and  to  be  paid  out  upon  warrant  of  the  Board. 
As  to  High  Schools,  see  also  Section  112  of  this  Charter,  ante,  and  also 
Section  114,  Subd.  22,  ante.] 

Sec.  129.  The  School  Fund  shall  be  used  and  applied  by  the  Board 
of  Education  for  the  following  purposes,  to-wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  the  Superintendent, 
Assistant  Superintendent,  teachers,  janitors,  School  Census  Marshals, 
and  other  persons  who  may  be  employed  by  said  Board. 

2.  For  the  erection,  alteration,  repairs,  rent  and  furnishing  of 
school  houses. 

3.  For  the  purchase  money  or  rent  of  any  real  or  personal  prop¬ 
erty  purchased  by  or  leased  to  said  Board. 

4.  For  the  discharge  of  all  legal  incumbrances  on  any  school 
property. 

5.  For  lighting  and  heating  the  schoolrooms  and  the  offices  and 
rooms  of  the  Superintendent  and  Board  of  Education. 

6.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks, 
blanks  books  and  necessary  school  appliance,  together  with  books  for 
indigent  children. 


56  CHARTER  OF  THE 

\ 

7.  For  supplying-  books,  printing  and  stationery  for  the  use  of  the 
Superintendent,  Board  of  Education  and  Board  of  Examination  and  for 
the  incidental  expenses  of  the  department. 

8.  For  grading  and  improving  school  lots,  and  for  grading,  sewer¬ 
ing,  planking  or  paving  and  repairing  streets,  and  constructing  and 
repairing  sidewalks  in  front  thereof. 

Sec.  130.  All  claims  payable  out  of  the  School  Fund  shall  be  filed 
with  the  Secretary  of  the  Board,  and  after  they  shall  have  been  ap¬ 
proved  by  a  majority  of  all  the  members  elected  to  said  Board,  upon  a 
call  of  the  ayes  and  noes,  which  shall  be  recorded,  they  shall  be  signed 
by  the  President  of  the  Board  and  by  the  City  School  Superintendent. 
Every  demand  shall  have  indorsed  upon  it  a  certificate  of  its  approval. 
All  demands  for  salaries  shall  be  paid  monthly,  and  all  claims  payable 
out  of  the  School  Fund  shall  be  by  warrant,  signed  by  the  President  and 
Secretary  of  the  Board. 

Sec.  131.  All  demands  authorized  by  this  article  shall  be  paid  by 
the  Treasurer  from  the  School  Fund,  when,  the  same  shall  be  pre¬ 
sented  to  him,  approved  by  the  Board  and  duly  audited  by  the  Auditor; 
provided  that  no  demand  shall  be  pal 4  except  upon  such  a  warrant  as 
aforesaid,  duly  indorsed  by  the  payee  named  therein;  and  provided, 
further,  that  the  said  Board  shall  not  have  power  to  contract  any  debts 
or  liabilities,  in  any  form  whatsoever,  against  the  city  in  contraven¬ 
tion  of  this  article  or  exceeding  in  any  year  the  income  and  revenue 
provided  for  the  School  Fund  for  such  year. 

[Note — See  note  to  Section  128  ante;  Scetion  131  construed  in  re 
Wetmore,  93  Cal.  148.] 

Sec.  132.  In  case  of  disaster  from  fire,  riot,  earthquake  or  public 
enemy,  the  Board  of  Education  may,  with  the  approval  of  the  Mayor  and 
Council,  incur  extraordinary  expenditures  in  excess  of  the  annual  limit 
provided  by  law  and  in  this  Charter  for  the  repair,  construction  and 
furnishing  of  school  houses;  and  the  Council  may  by  ordinance  cause  to 
be  transefrred  to  the  School  Fund  from  moneys  in  any  other  fund  not 
otherwise  appropriated  sufficient  moneys  to  liquidate  such  extraordinary 
expenditure. 

[Public  Libraries.] 

Sec.  133.  There  shall  be  maintained  in  the  City  of  Oakland  free 
public  libraries  and  reading  rooms,  as  provided  for  by  the  Act  of  the 
Legislature  of  this  State  entitled  “An  Act  to  Establish  Free  Public 
Libraries  and  Reading  Rooms,”  approved  April  26,  1880,  and  such  other 
Acts  of  the  Legislature  as  may  be  hereafter  enacted,  amendatory  thereof 
and  supplemental  thereto. 

[Note  1— The  adoption  of  this  Act  by  reference,  has  the  same  effect 
as  if  the  provisions  of  the  Act  were  incorporated  into  Charter  sections; 
and  a  repeal  of  this  Act  by  the  Legislature  would  not  subvert  its  effect¬ 
ive  operation  as  a  Charter  provision.  See  Ramish  vs.  Hartwell  126  Cal 
443.] 


CITY  OF  OAKLAND,  CAL. 


57 


[Note  2 — The  Act  of  the  Legislature  referred  to  in  the  foregoing 
section  of  the  Charter  (Stats.  1880,  State  Ed.  p.  231,  Banc.  Ed.  p  524.)  is 
as  follows: 

An  Act  to  establish  free  public  libraries  and  reading  rooms. 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  For  the  purposes  of  this  Act,  cities  of  this  State  are 
classified  as  follows: 

1.  Cities  of  less  than  one  hundred  thousand  population. 

2.  Cities  of  more  than  one  hundred  thousand  population. 

Sec.  2.  The  municipal  authorities  of  any  incorporated  city  of  this 
State  are  authorized  and  empowered  by  resolution  duly  passed  for 
that  purpose  to  levy  and  collect,  as  in  other  cases,  annually  a  tax  not 
to  exceed  one  mill  on  the  dollar  for  the  purpose  of  establishing  and 
maintaining  in  such  city  free  public  libraries  and  reading  rooms,  and 
purchasing  such  books,  journals  and  other  publications,  purchasing 
and  leasing  such  real  and  personal  property  and  erecting  such  buildings 
as  may  be  necessary  therefor. 

Sec.  3.  All  money  and  revenue  paid,  collected  or  received  bs> 
authority  of  anything  herein  contained,  whether  by  taxation,  gift,  devise, 
bequest  or  otherwise,  shall  belong  to  and  be  known  and  designated  as 
the  “Library  Fund,”  and  shall  be  paid  into  the  proper  city  treasury  and 
there  kept  separate  and  apart  from  other  funds,  and  be  drawn  therefrom 
as  hereinafter  provided,  but  only  to  be  used  and  applied  to  the  purposes 
herein  authorized. 

Sec.  4.  All  property,  real  and  personal,  acquired  by  purchase,  gift, 
devise,  bequest  or  otherwise,  under  the  provisions  of,  or  for  any  pur¬ 
pose  authorized  by,  this  Act,  shall  vest,  be  and  remain  in  the  proper 
city,  and  may  be  protected,  defended  and  sued  for  by  action  at  law  or 
otherwise  in  the  name  of  the  city,  as  in  other  cases. 

Sec.  5.  In  a  city  of  less  than  one  hundred  thousand  population, 
five  Trustees  shall  be  elected  at  the  same  time  and  in  the  same  man¬ 
ner  as  the  other  town  officers  are  elected.  They  shall  hold  office  the 
same  length  of  time  to  carry  into  effect  the  provisions  of  this  Act. 

Sec.  6.  In  a  city  of  more  than  one  hundred  thousand  population, 
the  Mayor  or  other  chief  executive  officer,  during  his  continuance  in 
office,  and  eleven  citizens  thereof,  to  be  appointed  by  the  Governor  of 
this  State,  shall  constitute  the  first  Board  of  Trustees  of  any  library 
or  reading  room  established  or  acquired  in  such  city  under  this  Act. 

Sec.  7.  The  office  of  the  Trustee  shall  be  honorary,  without  salary 
or  other  compensation,  and  shall  continue  during  good  behavior;  but 
for  good  cause  a  Trustee  may  be  removed  from  office  by  proceedings 
in  the  Superior  Court  in  behalf  of  the  proper  city  in  manner  provided 
for  the  removal  from  office  of  other  city  officers. 

Sec.  8.  The  Trustees  of  any  library  or  reading  room  established 


53 


CHARTER  OF  THE 


or  acquired  by  authority  of  this  Act  shall  take  charge  of  the  same  and 
of  all  real  and  personal  property  thereunto  belonging,  or  that  may  be 
acquired  by  loan,  purchase,  gift,  devise  or  otherwise.  They  shall  meet 
for  business  purposes  on  the  first  Tuesday  of  each  month,  and  at  all 
such  other  times  as  they  may  appoint,  at  a  place  to  be  provided  for 
the  purpose,  and  a  majority  of  all  their  number  may  constitute  a  quorum 
for  business.  They  may  appoint  one  of  their  number  to  act  as  Presi¬ 
dent  of  their  Board,  and  may  elect  a  Librarian.  They  shall  also 
elect  a  Secretary,  who  shall  keep  a  full  statement  and  account  of  all 
the  property,  money,  receipts  and  expenditures,  and  a  record  and  full 
minutes  in  writing’  of  all  their  proceedings.  The  Secretary  may  certify 
to  such  proceedings,  or  any  part  or  portion  thereof  under  his  hand, 
verified  by  an  official  seal  adopted  and  provided  by  the  Trustees  for 
that  purpose. 

Sec.  9.  Such  Trustees,  by  a  majority  vote  of  all  their  members, 
to  be  recorded  in  the  minutes  with  the  ayes  and  noes  at  length,  shall 
have  power: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws 
necessary  for  the  administration,  government  and  protection  of  such 
library  and  reading  room,  and  all  property  belonging  thereto,  or  that 
may  be  loaned,  devised,  bequeathed,  or  donated  to  the  same. 

Second. — To  exercise  and  administer  any  trust  declared  or  created 
for  such  library  or  reading  room,  and  to  provide  memorial  tablets  and 
niches  to  perpetuate  the  memories  of  those  persons  who  may  make 
valuable  donations  thereto. 

Third — To  remove  any  Trustee  who  may  neglect  to  attend  the 
meetings  of  the  Board  of  Trustees,  or  who  may  absent  himself  from 
such  meetings,  or  without  the  consent  of  the  Board  from  the  State  for 
three  consecutive  months;  and  to  fill  vacancies  that  may  from  any 
cause  occur  in  the  Board. 

Fourth — To  define  the  powers  and  describe  the  duties  of  any  and 

all  officers,  determine  the  number,  and  elect  all  necessary  subordinate 

officers  and  assistants,  and  at  their  pleasure  remove  any  officer  and 

assistant. 

♦ 

Fifth — To  purchase  any  necessary  books,  journals,  publications,  and 
other  personal  property. 

Sixth — To  order  the  drawing  and  payment,  upon  properly  authen¬ 
ticated  vouchers,  duly  certified  by  the  President  and  Secretary,  of 
money  from  out  the  Library  Fund  for  and  liability  or  expenditure 
herein  authorized;  and  generally  to  do  all  that  may  be  necessary  to 
fully  carry  into  effect  the  provisions  of  this  Act. 

Seventh  To  fix  the  salary  of  the  Librarian,  Secretary  and  other 
subordinate  officers  and  assistants,  and  by  and  with  the  consent  and  ap¬ 
proval  of  the  legislative  or  other  proper  authority  of  the  proper  city, 
expressed  by  resolution  duly  passed,  to  purchase  said  real  estate,  erect 


CITY  OF  OAKLAND,  CAL. 


59 


and  equip  such  buildings  as  may  be  necessary  for  such  library  and 
reading  room. 

[Note — Every  person  who  wilfully  detains  a  book,  etc.,  from  the 
library  after  receiving  written  notice  to  return  the  same,  is  guilty  of  a 
misdemeanor.  Sec.  623%,  Penal  Code.] 

Sec.  10.  The  orders  and  demands  of  the  Trustees  of  any  such 
library  or  reading  room  of  any  city,  then  duly  made  and  authenticated 
as  above  provided,  shall  be  verified  and  audited  by  the  auditing  officer 
and  paid  by  the  Treasurer  of  said  city  out  of  the  Library  Fund  prop¬ 
erly  belonging  thereto,  of  which  full  entry  and  record  shall  be  kept  as 
in  other  cases. 

Sec.  11.  The  Trustees  of  such  library  or  reading  room,  on  or 
before  the  first  Monday  of  July  of  each  year,  shall  make  an  annual 
report  to  the  municipal  authorities  of  their  city,  giving  the  condition 
of  their  trust,  with  full  statements  of  all  property  and  money  received, 
whence  derived,  how  used  and  expended;  the  number  of  books,  journals 
and  other  publications  on  hand,  the  number  added  by  purchase,  gift 
or  otherwise  during  each  year,  the  number  lost  or  missing,  the  number 
and  character  of  those  loaned,  and  such  other  statistics,  information 
and  suggestions  as  may  be  of  general  interest.  A  financial  report 
showing  all  receipts  and  disbursements  of  money  shall  be  made  by 
the  Secretary  of  the  Board  of  Trustees,  duly  verified  by  his  oath. 

Sec.  12.  The  proper  municipal  authorities  of  any  city  wherein  a 
public  library  or  reading  room  may  be  established  shall  have  power  to 
pass  ordinances  for  the  protection  of  the  same  and  all  property  thereto 
belonging,  and  for  imposing  penalties  for  the  punishment  of  persons 
committing  injury  to  such  library  or  reading  room,  or  the  property  or 
books  thereof,  or  for  failure  to  return  any  book  or  other  property  be¬ 
longing  thereto.  They  shall  also  have  power,  by  a  resolution  duly 
passed  for  such  purpose;  to  grant,  donate,  authorize  the  use  of  either, 
in  whole  or  in  part,  any  land,  square  or  real  estate  belonging  to  such 
city  or  town,  or  dedicated  to  public  use  therein,  for  the  purpose  of 
erecting  and  maintaining  a  building  to  be  used  only  for  a  public  library 
and  reading  room  as  herein  authorized. 

[Note — See  ordinance  No.  2028  at  page - hereof,  granting  certain 

lands  for  library  purposes.] 

Sec.  13.  The  words  “city”  or  “cities,”  wherever  used  in  this  Act, 
are  intended  to  and  shall  include  all  incorporated  cities  and  towns,  and 
cities  and  counties  with  consolidated  government,  and  shall  be  construed 
accordingly. 

Sec.  14.  An  Act  entitled  “An  Act  to  Establish  and  Maintain  Free 
Public  Libraries  and  Reading  Rooms,”  approved  March  the  eighteenth, 
eighteen  hundred  and  seventy-eight,  is  hereby  repealed.  All  libraries 
and  reading  rooms  heretofore  established  by  authority  of  the  last  men¬ 
tioned  Act  in  any  city  or  town,  or  city  and  county,  and  all  property, 
real  or  personal,  thereto  belonging,  shall  be  turned  over  to  the  charge, 


6o 


CHARTER  OF  THE 


custody  and  administration  of  such  Trustees  as  may  be  continued  or 
appointed  therein  respectively  under  the  provisions  of  this  Act,  with 
like  powers  and  liabilities,  as  if  such  library  had  been  established  under 
this  Act. 

Sec.  15.  This  Act  shall  take  effect  on  the  first  day'  of  May,  A.  D. 
eighteen  hundred  and  eighty.] 


ARTICLE  VIII. 
Revenue  and  Taxation. 


Sec.  134.  On  or  before  the  last  Monday  of  August  in  each  year 
the  Auditor  shall  prepare  and  transmit  to  the  Council,  accompanied 
with  the  estimates  and  reports  of  each  department,  which  he  shall 
require  to  be  delivered  to  him,  an  estimate  of  the  probable  necessities 
of  the  city  for  the  current  fiscal  year,  giving  the  amount  required  to 
meet  the  interest  and  sinking  funds  for  any  and  all  outstanding  funded 
debts,  together  with  the  amount  needed  for  salaries  and  probable  wants 
of  all  the  departments  of  the  municipal  government  in  detail,  and  show¬ 
ing  the  necessities  of  each  of  the  several  funds  to  be  provided  for  in  the 
Treasury.  The  estimate  shall  also  show,  as  nearly  as  may  be,  what 
amount  of  income  and  revenue  is  likely  to  accrue  to  the  Treasury,  and 
be  collected  from  fines,  licenses  and  all  other  sources  of  revenue, 
exclusive  of  tax  upon  property;  and  shall  give  an  estimate  of  what 
amount  will  be  required  to  be  levied  and  raised  by  tax  upon  all  property 
in  the  city,  in  order  to  meet  the  necessities  of  such  fiscal  year. 

[Note- — As  to  extension  of  time,  see  Sec.  140  of  this  Charter,  post.] 

Sec.  135.  The  Council  shall,  before  fixing  the  rate  of  the  annual 
city  tax,  establish,  by  ordinance,  separate  funds,  representing  the  sev¬ 
eral  funded  obligations  of  the  city,  if  any,  and  the  several  departments 
requiring  municipal  expenditures,  including  a  General  Fund;  and  the 
percentage  of  said  levy  shall  be  named  for  each  fund,  and  the  whole 
amount  of  taxes  and  revenue  of  the  city  apportioned  accordingly;  and 
no  transfer  shall  be  made  except  of  balances  in  excess,  or  from  the 
General  Fund  to  meet  deficiencies,  or  to  provide  for  the  redemption  of 
city  bonds. 

[Note — Excess  of  money,  raised  by  bonds,  go  into  the  General 
Fund.  Stat.  1899,  p.  105.] 

Sec.  136.  The  Council  shall,  on  or  before  the  first  Monday  of 
October  in  each  year,  by  ordinance,  fix  the  rate  of  taxes  to  be  lexied. 


CITY  OF  OAKLAND,  CAL 


6i 


and  levy  the  taxes  upon  all  property,  both  real  and  personal,  in  the 
city,  necessary  to  raise  sufficient  revenue  to  carry  on  the  various  de¬ 
partments  of  the  municipal  government  for  the  current  fiscal  year; 
provided,  that  the  rate  of  taxes  so  levied  shall  not  exceed,  in  any  year, 
one  dollar  for  each  one  hundred  dollars  upon  the  assessment  roll, 
except  for  the  payment  of  the  principal  and  interest  of  the  bonded  debt 
of  the  city. 

•  \  . 

[Note — Compare  with  Sec.  3714,  Political  Code  as  to  County  levy.] 

Sec.  137.  Except  as  in  this  article  otherwise  provided,  the  assess¬ 
ment  of  property  taxable  in  the  city  for  municipal  purposes,  the  equal¬ 
ization  of  assessements  and  collection  of  taxes,  and  the  sale  of  property 
for  unpaid  taxes  and  the  redemption  of  property  sold  for  taxes,  shall 
be  made  and  had  at  the  same  time  and  manner,  and  with  like  effect, 
as  now  or  .may  be  hereafter  provided  by  law  for  the  assessment  of 
property,  equalization  of  assessments,  levy  and  collection  of  taxes  and 
sale  of  property  for  unpaid  taxes  for  State  and  county  purposes,  and 
redemption  thereof;  and  all  provisions  of  law  applicable  to  such  assess¬ 
ment,  equalization,  levy,  collection  and  sale  for  State  and  county  pur¬ 
poses,  are  hereby  applied  to  and  shall  be  the  law  governing  such 
assessment,  equalization,  levy,  collection  and  sale  for  municipal  pur¬ 
poses;  and  the  respective  officers  of  the  city  shall  have,  possess  and 
perform  the  same  powers  and  duties  in  all  matters  concerning  revenue 
and  taxation  for  municipal  purposes  as  are  by  law  conferred  or  im¬ 
posed  up  county  officers  in  matters  concerning  revenue  and  taxation 
for  Sate  and  county  purposes;  and  to  that  end: 

1st — All  powers  and  duties  so  by  law  conferred  or  imposed  upon  the 
County  Assessor  are  hereby  conferred  and  imposed  upon  the  City 
Assessor. 

2d — All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  Board  of  Supervisors  are  hereby  conferred  and  imposed  upon  the 

Council. 

3d — All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  District  Attorney  are  hereby  conferred  and  imposed  upon  the 
City  Attorney. 

m 

4th — All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Tax  Collector  are  hereby  conferred  and  imposed  upon  the 
City  Tax  Collector. 

5th — All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Treasurer  are  hereby  conferred  and  imposed  upon  the 
City  Treasurer. 

6th — All  powers  and  duties  so  by  law  conferred  or  imposed  upon 
the  County  Clerk  or  County  Auditor  are  hereby  conferred  and  im¬ 
posed  upon  the  City  Clerk  and  City  Auditor. 

The  Assessor  need  not  require  from  any  person  any  statemnt 
as  to  any  property  not  taxable  in  the  city,  nor  transmit  or  send  to 
any  officer  other  than  the  officers  of  the  city  any  statement  or  report 


62 


CHARTER  OF  THE 


whatsoever,  nor  make  any  record  or  entry  as  to  equalization  by  the 
State  Board  of  Equalization,  or  as  to  school,  road  or  other  districts. 

[Note — It  has  several  times  been  decided  by  the  Superior  Court  of 
Alameda  County,  that  Section  3819  of  the  Political  Code  does  not  apply 
to  taxes  levied  by  the  City  of  Oakland.] 

Sec.  138.  On  or  before  the  last  Monday  in  July  in  each  year  the 
Assessor  shall  complete  his  list,  or  assessment  roll,  and  shall  atttach 
his  certificate  thereto,  and  deliver  it,  and  the  books,  and  any  maps  he 
may  have  accompanying  the  same,  and  all  the  original  lists  of  prop¬ 
erty  given  to  him,  to  the  City  Clerk,  and  the  Clerk  shall  .thereupon 
notify  the  Board  of  Equalization  and  the  taxpayers  of  the  fact  by  post¬ 
ing  three  notices  specifying  the  time  of  the  meeting  of  said  Board  for 
the  purpose  of  equalizing  the  taxes.  Said  roll  shall  be  kept  open  in 
his  office  for  public  inspection. 

[Note  1 — In  the  engrossed  copy  of  the  joint  resolution  approving 
the  Charter,  the  word  “last”  at  the  beginning  of  this  section  was  re¬ 
placed  by  the  word  “first”  (Stats.  1889,  p.  559),  although  the  resolu¬ 
tion  was  correct  as  introduced,  the  chdnge  first  appearing  by  erasure  in 
Senate  Journal  No.  1,  p.  22.] 

[Note  2 — As  to  extension  of  time,  see  Sec.  140,  post.] 

[Note  3. — In  Buswell  vs.  Board  of  Supervisors,  110  Cal.  351,  the 
Supreme  Court  in  construing  Sec.  3672  of  the  Political  Code,  held  the 
provisions  of  said  section,  as  to  time,  directory  only.] 

Sec.  139.  The  Assessor  must  make  the  abstract  provided  for  in 
Section  three  thousand  six  hundred  and  seventy-eight  of  the  Political 
Code.  Should  any  such  abstract  or  list  be  found  to  contain  any  instru¬ 
ment  relating  to  lands  situated  partly  within  and  partly  without  the 
city,  it  shall  be  the  duty  of  the  Assessor  to  determine  the  proportion 
of  valuation  of  such  instrument  to  be  assesed  in  the  city  and  assess 
the  same  accordingly. 

Sec.  140.  The  Council  may,  by  an  order  entered  upon  its  journal 
extend  for  not  exceeding  thirty  days  the  time  fixed  in  this  article  for 
the  performance  of  any  act. 

Sec.  141.  The  Tax  Collector  must,  at  least  once  in  each  month, 
and  oftener,  if  required  by  the  Council,  settle  with  the  Auditor  and 
pay  into  the  Treasury  the  full  amount  of  money  received  by  him  for 
the  city. 

Sec.  142.  All  fines  and  forfeitures  arising  under  the  revenue  and 
taxation  laws,  as  applied  to  the  city,  may,  in  civil  cases,  be  recovered 
in  the  name  of  the  city,  and,  together  with  all  other  moneys  collected 
or  received  by  any  officer  of  the  city  under  said  laws,  shall  be  for  the 
use  of  the  city.  When  real  estate  is  offered  for  sale  for  city  taxes  due 
thereon,  the  same  shall  be  struck  off  and  sold  to  the  city  in  like  case 
and  in  like  manner  and  with  like  effect  as  it  may  be  struck  off  or  sold 
to  the  State  when  offered  for  sale  for  State  or  county  taxes,  and  the 
Council  shall  have  the  same  powers  and  duties  in  relation  to  such 


CITY  OF  OAKLAND,  CAL. 


63 


property  as  is  by  law  given  to  the  State  Board  of  Equalization  in  case 
of  a  sale  to  the  State;  and  no  certificate  or  receipt  need  be  delivered  to 
the  State  Controller. 

Sec.  143.  The  Council  shall  have  and  exercise  the  powers  and 
duties  conferred  and  imposed  upon  the  State  Board  of  Equalization  by 
Section  three  thousand  eight  hundred  and  twelve,  and  three  thousand 
eight  hundred  and  fourteen  of  the  Political  Code,  or  by  any  Acts 
-amendatory  thereof  or  supplemental  thereto. 

Sec.  144.  No  city  officer  shall  be  required  to  send  or  transmit 
any  statement  or  report  to  any  State  officer  or  Board. 

Sec.  145.  All  papers  and  instruments  required  to  be  filed  or  re¬ 
corded  with  or  by  the  County  Recorder  by  the  revenue  and  taxation 
laws  shall,  under  said  laws  as  applied  to  the  city,  be  in  like  manner 
and  with  like  effect  filed  with  and  recorded  by  the  County  Recorder 
of  Alameda  County. 

Sec.  146.  The  Assessor  shall  be  governed,  as  to  the  amount  of  taxes 
to  be  by  him  collected  on  personal  property,  by  the  city  tax  rate  of  the 
previous  year. 

Sec. 147.  The  assessment  of  property  within  the  city,  made  by  the 
County  Assessor  of  Alameda  county  and  the  State  Board  of  Equaliza¬ 
tion,  shall  be  the  basis  of  taxation  for  the  city,  as  provided  for  by 
Section  3671  of  the  Political  Code;  provided,  that  if  any  property  in 
the  city  shall  not  be  assessed  by  the  County  Assessor,  the  City  Assessor 
shall  assess  and  enter  the  same  in  the  “Subsequent  Assessments,”  pro¬ 
vided  for  in  the  next  section. 

[Note — The  Superior  Court  of  Alameda  County,  in  an  oral  opinion, 
has  construed  this  section  to  mean,  that  the  City  Assessor  must  take  the 
valuation  as  made  by  the  County  Assessor,  except  as  to  railroads  oper¬ 
ated  in  more  than  one  county,  in  which  case  the  valuation  is  fixed  by 
the  State  Board  of  Equalization ;  and  that  the  tax  rate  fixed  by  the 
Council  must  be  applied  to  the  valuations  thus  obtained  and  without 
any  changes  in  the  valuation  by  the  City  Assessor.] 

Sec.  148.  It  shall  be  the  duty  of  the  Assesor,  at  any  time  subse¬ 
quent  to  the  first  Monday  in  July  and  prior  to  the  fourth  Monday  in 
August  of  each  year,  to  assess  any  property  which  shall  not  be  on  the 
regular  list,  and  he  shall  enter  such  assessment  in  a  separate  portion 
of  the  tax  list  or  assessment  roll,  under  the  head  of  “Subsequent  Assess¬ 
ments,”  and  shall  deliver  the  same,  certified  by  him,  or  a  true  copy 
thereof,  to  the  City  Clerk,  to  be  by  him  compared  with  the  entries  on 
the  assessment  roll. 

Sec.  149.  Whenever  the  Council  shall  determine  that  the  public 
interest  requires  the  construction  or  acquisition  or  completion  of  any 
permanent  municipal  building  work,  sewer,  property,  water  rights, 
bridges  or  improvements,  the  cost  of  which,  in  addition  to  the  other 
•expenditures  of  the  city,  will  exceed  the  income  and  revenue  provided 


64 


CHARTER  OF  THE 


for  in  any  one  year;  they  may  by  ordinance  submit  a  proposition  to 
incur  a  debt  for  such  purpose  and  proceed  therein  as  provided  in  Sec¬ 
tion  18  of  Article  XI.  of  the  Constitution  of  this  State  and  general 
law;  .provided,  that  such  indebtedness  shall  not  bear  more  than  5  per¬ 
cent.  interest  per  annum,  and  that  no  bond  issued  therefor  shall  be  sold 
for  less  than  par  value  and  to  the  highest  bidder,  after  advertising  for 
sealed  proposals  therefor.  Nor  shall  any  such  bonds  be  issued  or  sold 
during  any  one  year  in  excess  of  the  actual  expenditure  incurred  in  that 
year. 

[Note — For  the  general  law  as  to  issuance  of  bonds  for  parks  and 
boulevards,  see  Stats.  1889,  p.  361;  for  other  municipal  improvements, 
see  Stats.  1889,  p.  299,  as  amended;  see  also  Sub.  40,  of  Sec.  31  of  this 
Charter,  ante.] 


ARTICLE  IX. 


Police  and  Fire  Department. 


Sec.  150.  The  Police  and  Fire  Departments  shall  be  under  the- 
management  of  a  Board  of  three  Commissioners.  The  members  of  the 
Board  of  Public  Works  shall  be  ex-officio  the  Board  of  Commissioners 
of  the  Police  and  Fire  Departments. 

'  Sec.  151.  Immediately  after  their  appointment  and  qualification  as 
Commissioners  of  the  Board  of  Public  Works,  they  shall  organize  as  a 
Board  of  Commissioners  of  the  Police  and  Fire  Departments,  and  elect 
one  of  their  number  President,  who  shall  hold  his  office  for  the  term  of 
one  year.  The  Secretary  of  the  Board  of  Public  Works  shall  act  as 
the  Secretary  of  the  Board  of  Police  and  Fire  Commissioners.  The 
Board  shall  establish  rules  and  regulations  governing  its  proceedings, 
and  for  the  regulation  and  conduct  of  its  officers,  clerks  and  employes, 
and  may  require  bonds  from  any  of  its  subordinates  for  the  faithful  per¬ 
formance  of  their  duties. 

Sec.  152.  The  Board  shall  hold  a  regular  meeting  at  least  once  a 
week,  and  special  meetings  at  such  other  times  as  it  may  appoint,  or  of 
which  the  President  may  give  notice.  The  regular  meetings  shall  be 
held  on  the  day  and  at  the  hour  fixed  by  resolution,  entered  upon  its  rec¬ 
ords,  and  which  shall  not  be  changed  except  by  similar  resolution,  of 
which  notice  shall  be  posted  for  two  weeks.  The  meetings  of  the  Board 
shall  be  public;  two  members  shall  constitute  a  quorum,  and  the  votes 
of  two  members  shall  be  sufficient  to  pass  any  order  or  resolution;  pro¬ 
vided,  however,  that  executive  sessions  may  be  held  in  special  cases  by 


.  »  I 


CITY  OF  OAKLAND,  CAL. 


65 


unanimous  vote.  No  business  shall  be  transacted  at  a  special  or  ad¬ 
journed  meeting-  of  the  Board,  except  such  as  may  have  been  made  the 
special  order  of  business  for  such  meeting,  or  such  as  may  have  been 
under  consideration  at  the  meeting  from  which  the  adjournment  was 
had,  or  such  as  may  have  been  specified  in  the  notice  of  the  meeting. 
The  Board  shall  cause  to  be  kept  a  record  of  its  proceedings.  It  may 
when  it  shall  deem  it  expedient,  and  shall,  when  required  by  the  Coun¬ 
cil  or  the  Mayor,  furnish  such  data  or  information  as  may  be  required.. 

Sec.  153.  The  Secretary  of  the  Board  shall  keep  a  record  of  its 
transactions,  specifying  therein  the  names  of  the  Commissioners  pres¬ 
ent  at  the  meetings,  and  giving  the  ayes  and  noes  upon  all  the  votes. 
Every  order  or  resolution  shall  be  recorded  at  length,  and  the  record 
shall  be  approved  by  the  Board.  The  Secretary  shall  perform  such 
other  duties  as  the  Board  shall  prescribe  or  direct. 

Sec.  154.  The  officers,  members  and  employes  of  said  Police  and 
Fire  Department  shall  be  appointed  by  said  Board,  but  no  appoint¬ 
ments  or  removals  shall  be  made  for  political  reason,  nor  shall  any  re¬ 
movals  be  made  except  for  cause  established  to  the  satisfaction  of  the 
Board. 

Sec.  155.  Said  Board  shall  have  the  power: 

1.  To  prescribe  the  qualifications,  duties,  badges  of  office  and  uni¬ 
forms  of  the  officers,  members  and  employes  of  said  departments. 

2.  To  prescribe  rules  and  regulations  for  the  government  and  disci¬ 
pline  of  the  same,  and  prescribe  and  enforce  penalties  for  their  viola¬ 
tion. 

3.  To  hear  and  summarily  determine  all  complaints  of  misconduct, 
inefficiency  or  violation  of  the  rules,  or  other  charge  against  any  officer, 
member  or  employe  of  said  departments,  and  to  take  such  action 
thereon  as  shall  be  most  conducive  to  the  maintenance,  discipline  and 
efficiency  of  such  departments. 

To  appoint,  in  their  discretion,  special  policemen,  who  shall  be 
under  the  supervision  and  control  of  the  Chief  of  Police,  and  to  re¬ 
move  the  same  at  pleasure;  provided,  however,  that  the  compensation 
of  said  special  policemen  shall  in  no  event  be  chargeable  to  the  city, 
unless  appointed  by  authority  of  the  Council. 

5.  To  make  all  necessary  rules  and  regulations  to  carry  into  exe¬ 
cution  the  foregoing  powers  and  all  other  powers  vested  in  said  Board 
by  this  Charter,  or  by  any  ordinance  of  the  Council  passed  pursuant 
thereto,  or  by  the  Constitution  and  laws  of  this  State;  and,  in  general, 
to  manage  and  control  said  departments. 

Sec.  156.  The  Board  shall  have  the  custody  and  control  of  the 
houses,  engines,  hose  carts,  trucks,  ladders,  horses,  telegraph  lines, 
stables,  and  all  other  property  and  equipments  now  or  hereafter  used 
or  belonging  to  the  Police  or  Fire  Departments. 

Sec.  157.  The  Board  shall  annually,  on  or  before  the  last  Monday 


66 


CHARTER  OF  THE 


of  July,  report  to  the  Auditor  an  estimate  of  the  amount  of  money  that 
will  be  required  to  pay  salaries  and  expenses  of  the  Police  Depart¬ 
ment  and  the  Fire  Department  and  of  the  Fire  Alarm  and  Police  Tele¬ 
graph  for  the  ensuing  year,  specifying  in  detail  Jhe  proper  items  for 
which  the  same  will  be  required. 

Sec.  158.  Each  claim  against  the  Police  Department  or  Fire  De¬ 
partment  shall  be  approved  by  the  Board  in  open  session,  which  ap¬ 
proval  shall  be  entered  in  the  minutes  of  the  Board.  No  such  claim 
shall  be  allowed  or  ordered  paid  by  the  Council  until  the  same  has  been 
so  approved  hy  said  Board,  and  has  indorsed  thereon  such  approval, 
authenticated  by  the  signatures  of  the  President  and  Secretary  of  the 
Board. 

Sec.  159.  The  Board  shall  determine  and  report  to  the  Council  as 
to  the  necessity  of  constructing  cisterns  and  erecting  hydrants  in  par¬ 
ticular  localities,  the  necessity  for  additional  apparatus,  materials,  sup¬ 
plies,  engines,  horses,  hooks  and  ladders;  and  also  as  to  alterations 
and  repairs  required,  and  as  to  materials  and  supplies  required  for  the 
efficient  working  of  the  Fire  Alarm  and  Police  Telegraph  hereinafter 
provided  for;  but  the  action  of  the  Board  with  respect  to  the  necessity 
of  these  matters  shall  be  only  advisory  to  the  Council,  and  none  of  the 
matters  and  things  in  this  section  enumerated  shall  be  done  or  pro¬ 
vided  until  the  same  shall  have  been  authorized  by  the  Council.  All 
contracts  let  and  work  ordered  for  said  Police  and  Fire  Departments, 
and  said  Fire  Alarm  and  Police  Telegraph,  shall  be  let  and  ordered  by 
the  Board  of  Public  Works;  and  the  Board  of  Public  Works  shall  see 
that  the  same  are  faithfully  carried  out  and  performed;  provided,  how¬ 
ever,  that  the  Board  of  Police  and  Fire  Commissioners  shall  have 
power  to  make  repairs  upon  engines  and  other  property  in  their  cus¬ 
tody  and  under  their  control,  when  the  necessity  for  such  repairs  is 
urgent,  and  the  cost  thereof  does  not  exceed  the  sum  of  fifty  dollars. 

Sec.  160.  The  Council  shall  maintain  a  Fire  Alarm  and  Police 
Telegraph,  which  shall  be  in  charge  of  the  Board  of  Police  and  Fire 
Commissioners,  who  shall  manage  and  control  the  same  and  appoint 
the  Superintendent  thereof  in  like  manner  with  other  employes  of  the 
Police  and  Fire  Departments. 

Sec.  161.  The  police  Department  shall  consist  of  a  Chief  of  Police 
and  such  Captains,  detectives  and  other  policemen,  not  exceeding  in 
the  aggregate  forty,  as  the  Board  may  determine  to  be  necessary.  The 
Fire  Department  shall  consist  of  a  Chief  Engineer  and  as  many 
drivers,  hosemen  and  other  employes,  not  exceeding  in  the  aggregate 
seventy,  as  the  Board  may  determine  to  be  necessary.  The  Board  may, 
with  the  consent  of  the  Council,  evidenced  by  ordinance,  add  to  the 
above  numbers  from  time  to  time,  should  the  increase  of  population  and 
public  interest  so  require. 

Sec.  162.  Any  officer  or  member  of  the  Police  or  Fire  Depart¬ 
ments  or  of  the  Fire  Alarm  and  Police  Telegraph,  other  than  the 


67 


CITY  OP  OAKLAND,  CAL 


Police  and  Fire  Commissioners,  guilty  of  any  legal  offense  or  neglect 
of  duty,  violation  of  rules,  or  neglect  or  disobedience  of  orders,  or 
absence  without  leave,  or  conduct  injurious  to  the  public  peace  and  wel¬ 
fare,  or  detrimental  to  the  efficiency  of  the  department  of  which  he  may 
be  an  officer  or  member,  or  breach  of  discipline  or  efficiency,  or 
(in  case  of  a  police  officer)  of  conduct  unbecoming  an  officer,  shall 
be  liable  to  be  punished  by  reprimand,  forfeit  of  pay  for  a  specified  time, 
suspension  or  dismissal  from  the  department  of  which  he  may  be  an 
officer  or  member;  but  not  more  than  thirty  days’  pay  shall  be  for¬ 
feited  for  any  one  offense.  All  moneys  so  forfeited  shall  be  paid  into 
a  fund,  to  be  established  and  maintained,  under  such  regulations  as 
the  Board  may  adopt,  for  the  benefit  of  the  sick  and  disabled  members 
and  the  families  of  deceased  members  of  the  department  of  which  the 
accused  may  be  an  officer  or  member.  The  Board  shall  annually  render 
to  the  Council  a  verified,  itemized  account  in  writing  of  all  moneys  so 
received  and  disbursed  during  the  preceding  years. 

Sec.  163.  In  all  investigations  or  trials  conducted  by  said  Board, 
the  President  thereof  shall  have  the  power  to  issue  subpoenas  for  the 
attendance  of  witnesses  and  production  of  papers  before  it.  Such 
subpoenas  shall  be  served  by  any  policeman.  Any  member  of  the 
Board  may  administer  oaths  and  affirmations  in  the  conduct  of  said  in¬ 
vestigations. 


ARTICLE  X. 
Health  Department. 


Sec.  164.  There  shall  be  a  Health  Department  under  the  manage¬ 
ment  of  the  Board  of  Health,  to  consist  of  five  members,  who  shall  be 
appointed  by  the  Mayor,  and  whose  terms  of  office  shall  be  two  years. 
The  members  of  said  Board  must  be  residents  of  the  City  of  Oakland, 
physicians  in  good  standing  and  graduates  of  some  medical  college. 

Sec.  165.  The  members  first  appointed  shall,  immediately  after 
their  appointment  and  qualification,  so  classify  themselves  by  lot,  that 
two  of  them  shall  go  out  of  office  at  the  end  of  one  year,  and  three  of 
them  at  the  end  of  two  years,  after  their  appointment.  They  shall 
elect  one  of  their  members  as  President  of  the  Board,  who  shall  hold 
office  for  one  year.  Any  member  failing  to  qualify  within  ten  days  after 
his  appointment  shall  be  deemed  to  have  declined  the  office,  and  a 
new  appointment  shall  be  made.  Three  members  shall  constitute  a 
quorum  for  the  transaction  of  business.  No  measure  shall  be  passed 


68 


CHARTER  OF 


THE 


without  the  concurrence  of  a  majority  of  the  whole  Board.  The  mem¬ 
bers  of  said  Board  shall  receive  no  compensation. 

Sec.  166.  The  Board  of  Health  shall  be  provided  by  the  Council 
with  a  suitable  office,  which  shall  be  known  as  the  Health  Office,  in 
which  they  shall  hold  their  official  meetings  at  least  once  a  month, 
and  also  whenever  requested  in  writing  by  three  members  of  the 
Board,  or  by  the  President  thereof. 

[Note — See  Sec.  196,  post.] 

Sec.  167.  The  Board  of  Health,  subject  to  the  ordinances  of  the 
Council,  shall  have  general  supervision  of  all  matters  appertaining  to 
the  sanitary  condition  of  the  city,  including  the  sewers,  jails,  hos- 

.  >  i  i 

pitals  and  all  public  city  institutions. 

Sec.  168.  The  Board  shall,  on  or  before  the  first  Monday  of  July, 
make  an  annual  report  of  the  affairs  of  the  Health  Department  to  the 
Council  and  shall  include  therein  the  annual  report  of  the  Health 
Officer;  and  shall  at  the  same  time  furnish  the  Auditor  a  detailed 
statement  of  the  amount  of  money  that  will  be  required  for  the  Health 
Department  during  the  ensuing  fiscal  year;  and  the  Council  may  pro¬ 
vide  for  the  raising  of  such  amount,  or  so  much  thereof  as  in  their  judg¬ 
ment  may  be  necessary.  All  expenditures  of  the  Board  shall  be  subject 
to  allowance  by  the  Council  in  the  same  manner  as  the  expenditures  of 
other  branches  of  the  municipal  government. 

Sec.  169.  The  Board  shall  appoint  and  may  remove  at  pleasure  a 
Health  Officer,  who  shall  also  act  as  a  City  Physician,  and  whose  com¬ 
pensation  shall  be  fixed  by  the  Council.  He  must  be  at  least  thirty 
years  of  age,  a  graduate  of  a  regular  medical  college  and  a  resident 
for  three  years  in  the  city.  He  must  reside  within  the  city  limits,  and 
must  execute  an  official  bond  in  such  sum  as  the  Council  may  direct. 

The  Board  may  appoint  and  remove  at  pleasure  a  Secretary,  who 
shall  keep  a  record  of  the  proceedings  of  the  Board,  and  perform  such 
other  duties  as  may  be  prescribed  by  the  Board,  and  whose  compen¬ 
sation  shall  be  fixed  by  the  Council. 

Sec.  170.  The  Health  Officer  shall  be  the  executive  officer  of  the 
Board,  and  shall  see  that  all  laws  and  ordinances  relating  to  the  public 
health,  and  the  rules  and  regulations  of  the  Board  of  Health  are  en¬ 
forced.  He  must  make  the  Board  an  annual  report  of  the  affairs  of 
his  office,  including  mortuary  and  other  statistics,  with  such  general 
observations  as  in  his  judgment  might  benefit  the  sanitary  condition 
of  the  city.  He  shall  in  person  visit  once  in  each  quarter  all  the  public 
schools  and  other  public  institutions  in  the  city.  During  such  visits 
he  shall  examine  the  buildings  in  regard  to  the  manner  in  which  they 
are  lighted,  ventilated,  heated,  and  particularly  in  regard  to  their  sani¬ 
tary  condition.  In  the  months  of  January,  April,  July  and  October, 
he  shall  report  to  the  Board  the  result  of  his  examinations. 

Sec.  171.  Whenever  it  shall  be  certified  to  the  Board  of  Health 
by  the  Health  Offiicer  that  any  building  or  part  thereof  is  unfit  for 


CITY  OF  OAKLAND,  CAL. 


69 


-human  habitation  by  reason  of  its  being-  so  infected  with  disease,  or 
from  other  causes,  as  to  be  likely  to  cause  sickness  amongst  its  occu¬ 
pants,  said  Board  may  issue  an  orded,  and  cause  the  same  to  be  affixed 
conspicuously  on  the  building,  or  front  thereof,  and  to  be  personally 
served  upon  the  owner,  agent  or  lessee,  if  the  same  can  be  found,  re¬ 
quiring  all  persons  therein  to  vacate  such  building  for  the  reasons  to 
be  stated  therein  as  aforesaid.  Such  building  or  part  thereof,  shall 
within  ten  days  thereafter,  be  vacated,  or  within  such  shorter  time, 
not  less  than  twenty-four  hours,  as  in  said  notice  may  be  specified; 
but  said  Board,  if  it  should  become  satisfied  that  the  danger  from  the 
building  or  part  thereof  has  ceased  to  exist,  may  revoke  said  order. 

[Note — See  Ordinance  No.  1532.] 

Sec.  172.  Every  physician  in  the  city  shall  immediately  report 
to  the  Health  Office,  in  writing,  every  patient  he  shall  have  sick  of 
typhus,  ship  or  yellow  fever,  Asiatic  cholera  or  smallpox,  and  shall 
report  to  the  Health  Office  every  death  from  such  disease,  immed¬ 
iately  after  it  shall  have  occurred.  Also,  every  householder  in  said 
city  shall  forthwith  report  in  Writing  to  the  Health  Office  the  name  of 
every  inmate  of  his  or  her  house,  whom  he  or  she  shall  have  reason  to 
believe  sick  of  typhus,  ship  or  yellow  fever,  cholera  or  smallpox,  and 
any  deaths  occurring  at  his  or  her  house  from  such  diseases. 

[Note- — See  ordinance  No.  1293.] 

Sec.  173.  The  Health  Officer  shall  immediately  report  to  the 
City  School  Superintendent  the  names  and  residences  of  every  person 
sick  of  typhus,  ship  or  yellow  fever,  Asiatic  cholera  or  smallpox,  or 
any  other  contagious  disease  he  may  deem  dangerous  to  public  health; 
and  it  shall  be  the  duty  of  the  City  School  Superintendent,  when  so 
notified  of  the  residence  of  any  person,  sick  of  any  of  the  diseases 
enumerated,  to  refuse  admittance  to  the  public  schools  to  any  member 
of  a  household,  one  or  more  of  whose  inmates  are  sick  of  any  of  the 
aforesaid  diseases;  provided,  that  the  parties  excluded  shall  be  read¬ 
mitted  upon  presenting  a  certificate  from  the  Health  Officer  that  there 
is  no  longer  any  danger  from  contagion. 

Sec.  174.  Whenever  a  case  of  smallpox  or  Asiatic  cholera,  or 
yellow  fever  is  reported  to  the  Health  Officer,  he  shall  immediately 
visit  the  premises  where  the  person  is;  and  the  said  Health  Officer, 
upon  personal  inspection,  shall,  in  case  of  smallpox,  Asiatic  cholera  or 
yellow  fever,  immediately  cause  to  be  displayed  a  quarantine  flag  in  a 
conspicuous  place  on  said  premises,  and  put  upon  the  doorway  of  houses 
infected  with  such  diseases,  a  placard  setting  forth  the  fact,  the  same  to 
remain  during  the  continuance  of  the  disease  on  said  premises. 

r 

Sec.  175.  The  Board  may  locate,  establish  and  maintain  Pest- 
houses,  and  discontinue  and  remove  the  same  when  and  where  such 
location,  establishment  and  maintenance  or  discontinuance  and  re¬ 
moval  may  be  necessary  to  the  preservation  of  public  health.  They 
may  appoint  and  remove  at  pleasure  such  physicians  and  nurses  (whose 


70 


CHARTER  OF  THE 


compensation  shall  be  fixed  by  the  Council)  for  said  Pesthouses  as- 
may  be  necessary  to  maintain  the  efficiency  of  the  same  and  comfort 
of  the  inmates;  and  may  cause  to  be  removed  thereto  and  kept,  any 
person  affected  within  the  limits  of  the  city,  with  smallpox,  Asiatic 
cholera  or  yellow  fever;  provided,  that  no  person,  unjess  he  is  unable 
or  refuses  to  maintain  such  quarantine  as  may  be  prescribed  by  reso¬ 
lution  of  the  Board,  shall  be  so  removed  to  any  Pesthouse.  The 
Board  may  make  all  rules  and  regulations  regarding  the  conduct  of  said 
Pesthouses  as  may  be  needful.  No  person  shall  remove  a  patient 
affected  with  such  disease  from  any  house  or  place  within  the  limits  of 
the  city  to  any  other  house  or  place,  without  the  permission  of  the 
Health  Officer. 

Sec.  176.  The  Board  may  proclaim  such  quarantines  and  establish 
and  declare  such  quarantine  districts  and  grounds  and  the  boundaries 
thereof  as  may,  in  their  judgment,  be  necessary  for  the  preservation  of 
public  health;  and  may,  when  deemed  necessary,  require  all  vessels, 
railroad  cars  or  other  public  conveyances,  before  the  same  shall  land 
or  stop  at  any  landing,  depot  or  stopping  place  in  the  city,  to  stop  or 
touch  at  any  or  either  of  the  districts,  grounds  or  boundaries  so  se¬ 
lected  and  established  for  quarantaine  purposes,  and  leave  all  such  per¬ 
sons  with  their  stores  and  baggage,  as  in  the  opinion  of  the  Health 
Offiicer  or  physician  stationed  at  such  quarantine  sites,  places  or  bound¬ 
aries,  shall  be  deemed  proper  on  account  of  the  existence  or  general 
report  of  Asiatic  cholera,  smallpox  or  yellow  fever. 

[Note — See  Ordinance  No.  1456.] 

Sec.  177.  The  said  Board  shall  make  such  rules  and  regulations 
for  the  government  of  the  quarantine  or  the  health  of  the  city,  as  from 
time  to  time  they  shall  deem  necessary,  and  the  physicians  or  Health 
Officers  in  charge  of  any  quarantine  station  or  place,  shall  have  power 
to  make  and  enforce  such  regulations  as  may  be  necessary  for  the 
proper  management  thereof;  and  it  shall  be  the  duty  of  all  persons  in 
quarantine,  and  all  agents,  officers,  policemen  or  others  employed  by  the- 
city  in  and  about  said  quarantine  stations  or  places,  to  carry  out  and 
obey  the  same. 

Sec.  178.  The  Board  of  Health  shall  cause  to  be  kept  a  record  of 
all  births  and  deaths  occurring  in  said  city:  such  records  must  be 
kept  in  the  Health  Office,  and  shall  be  open  for  inspection  of  any  per¬ 
son  during  office  hours.  All  physicians  and  midwives  in  the  city  shall 
report  to  the  Health  Office,  on  or  before  the  fifth  of  each  month,  all 
births  occurring  in  his  or  her  practice  during  the  previous  month. 

[Note — See  Ordinance  No.  1348.  As  to  death  certificates,  see  Or¬ 
dinance  No.  1331.] 

Sec.  179.  No  person  shall  deposit  in  any  cemetery  the  body  of  any 
human  being  who  has  died  in  the  city,  or  remove  the  same  from  within 
the  limits  of  the  city,  without  having  first  obtained  and  filed  at  the 
Health  Office  a  certificate,  signed  by  a  physician  or  Coroner,  setting: 


CITY  OF  OAKLAND,  CAL. 


71 


forth  as  nearly  as  possible  the  name,  age,  sex,  color,  place  of  birth, 
occupation,  date,  locality  and  cause  of  death  of  deceased,  and  obtained 
from  the  Health  Officer  a  permit  in  writing  therefor,  for  burial  or  other 
purposes.  Physicians,  when  deaths  occur  in  their  practice,  must  give 
the  certificate  herein  mentioned,  unless  the  physician  believes  the  death 
to  be  a  proper  case  for  investigation  by  the  Coroner. 

[Note — See  Ordinance  No.  1331.]  1 

No  body  of  a  human  being  who  has  died  without  the  limits  of  the 
city,  and  no  body  or  remains  of  a  deceased  person  exhumed  or  taken 
from  any  grave,  vault  or  other  place  of  burial  or  deposit,  within  or 
without  the  city,  shall  be  transported  in  or  through  the  streets  or 
highways  of  the  city,  unless  the  person  or  persons  transporting  such 
body  or  remains  shall  first  obtain  from  the  Health  Officer  a  permit  in 
writing  therefor,  which  shall  accompany  the  body  or  remains. 

[Note — See  Ordinance  No  .1331;  also  Ordinance  No.  1360.] 

Sec.  180.  The  permits  in  the  last  section  may  be  granted,  in  the 
discretion  of  the  Board  of  Health,  under  such  general  restrictions 
and  conditions  as  the  Board  may  prescribe.  The  Health  Officer  shall 
prepare  a  book  of  blank  permits,  in  proper  form  and  consecutively 
numbered,  containing  stubs  on  which,  as  well  is  in  the  permit,  shall  be 
entered  a  record,  giving  the  name,  age,  sex,  nativity,  place  of  burial,  and 
destination  of  remains  to  be  transported  or  removed. 

Sec.  181.  The  Board  of  Health  must  exercise  a  general  supervision 
over  the  death  records  of  the  city,  and  may  adopt  such  forms  and  regu¬ 
lations,  not  inconsistent  with  the  law  and  the  ordinances  of  the  Council, 
for  the  use  and  government  of  physicians,  undertakers  and  superintend¬ 
ents  of  cemeteries^,  as  in  their  judgment  may  be  best  calculated  to 
secure  reliable  statistics  of  mortality  in  the  city  and  prevent  the  spread 
of  disease. 

Sec.  182.  The  Council  must,  by  ordinance  or  otherwise,  provide 
for  the  enforcing  of  such  orders  and  regulations  as  the  Board  of  Health 
may  adopt  and  the  Council  approve.  All  expenses,  which  in  the  opinion 
of  the  Council  are  necessarily  incurred  in  carrying  out  the  provisions  of 
this  Article  must  be  provided  for  by  the  Council. 

Sec.  183.  In  addition  to  the  powers  and  duties  in  this  Article 
enumerated,  the  Board  shall  have  such  other  powers  and  perform  such 
other  duties  as  may  be  prescribed  by  ordinance  of  the  Council  or  by  gen¬ 
eral  laws. 

Sec.  184.  Any  member  of  the  Board  of  Health  or  the  Health 
Officer  may  administer  oaths  on  business  connected  with  the  Health 

Department. 


72 


CHARTER  OF  THE 


ARTICLE  XI. 
Miscellaneous  Provisions. 


Sec.  185.  Unless  otherwise  provided  in  this  Charter,  all  contracts 
for  work  or  supplies  of  any  kind  for  more  than  one  hundred  dollars 
shall  be  let  to  the  lowest  bidder,  after  notice  given  by  posting  the  same 
for  ten  days  and  by  publishing  the  same  for  five  days;  and  all  sales  or 
leases  of  property  belonging  to  the  city  shall  be  by  public  auction  to 
the  highest  bidder,  upon  such  terms  and  conditions  as  the  Council  may 
by  ordinance  direct,  and  after  like  notice  given. 

Sec.  186.  No  grant  of  any  franchise  by  the  Council  shall  have  any 
validity  or  effect  unless  the  person  of  persons  to  whom  the  same  is  made 
shall,  within  six  months  thereafter,  actually  and  in  good  faith,  and  not 
colorg.bly,  commence  the  exercise  or  enjoyment  of  the  same,  there  being* 
no  legal  impediment  thereto;  provided,  that  condemnation  proceedings 
commenced  and  diligently  prosecuted  shall  be  deemed  the  exercise  of  a 
franchise,  granted  under  subdivisions  28,  29,  30  and  31,  Section  31,  Arti¬ 
cle  III.,  of  this  Charter.  Whenever  any  franchise  shall  have  been  in 
disuse,  in  whole  or  in  part,  for  the  period  of  one  year,  there  being  no 
legal  impediment  to  the  use  thereof,  it  shall  be  deemed  abandoned  and 
forfeited  to  the  extent  of  such  disuse,  and  the  said  franchise  or  that 
part  thereof  so  in  disuse  shall  no  longer  be  exercised  or  enjoyed;  pro¬ 
vided,  that  the  disuse  of  any  portion  of  the  franchise,  unless  permission 
be  before  obtained  of  the  Council,  shall  be  deemed  a  forfeiture  of  the 
whole. 

* 

[Note — For  the  general  law  as  to  time  of  commencement  and  com¬ 
pletion,  see  Sec.  502,  Civil  Code.  See  also  Sec.  20  and  Subs.  28  to  33,  and 
Sub.  37  of  Sec.  31  of  this  Charter,  ante,  and  notes  to  said  Sub.  37.  As 
to  franchises  antedating  the  Charter,  see  Sec.  205,  post.] 

Sec.  187.  Whenever,  within  the  corporate  limits  of  the  city,  two 
or  more  railroads,  operated  by  steam  power,  cross  each  other  on  the 
same  grade  or  level,  the  corporations  operating  the  roads  shall,  within 
four  months  after  the  adoption  of  this  Charter,  or  in  case  of  roads  now 
being  or  hereafter  to  be  constructed,  within  four  months  after  com¬ 
pletion  of  crossings  as  above  described,  cause  the  erection  and  opera¬ 
tion  of  a  complete  inter-locking  safety  switch  and  signal  system,  which 
said  signal  system  shall  be  so  constructed  as  to  prevent  collisions  at 
such  crossings  between  cars  or  trains  of  cars  or  locomotive  engines 
running  on  the  different  roads.  Failure,  neglect  or  refusal  to  conform 
to  the  requirements  of  this  section  shall  subject  each  corporation  to  a 
penalty  of  fifty  dollars  for  each  and  every  day  during  which  said  failure, 
neglect  or  refusal  shall  continue. 

Sec.  188.  Any  person  holding  a  salaried  office  under  this  city. 


CITY  OP  OAKLAND,  CAL. 


73 


whether  by  election  or  appointment,  who  shall,  during  his  term  of  office, 
hold  or  retain  any  other  civil  office  of  profit  or  emolument  under  the 
government  of  the  United  States  or  of  this  State,  or  who  shall  hold 
any  other  office  connected  with  the  government  of  the  city,  or  who  shall 
become  a  member  of  the  Legislature,  shall  be  deemed  thereby  to  have 
vacated  the  office  held  by  him  under  the  city  government. 

Sec.  189.  No  member  of  the  Council  and  no  office  of  or  em¬ 
ploye  of  the  city  shall  be  or  bcome,  directly  or  indirectly  interested 
in  or  with  the  performance  of  any  contract,  work  or  business,  or  in 
the  sale  of  any  article,  the  expense,  price  or  consideration  of  which 
is  payable  from  the  City  Treasury,  or  in  the  purchase  or  lease  of  any 
real  estate  or  property  belonging  to  or  taken  by  the  city,  or  which 
shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal  process 
at  the  suit  of  the  city.  Any  member  of  the  Council,  officer  or  employe 
of  this  city,  violating  the  provisions  of  this  section,  or  who  shall  be 
directly  or  indirectly  interested  in  any  franchise,  right  or  privilege 
granted  by  the  city,  while  he  is  such  member,  officer  or  employe,  unless 
the  same  shall  devolve  upon  him  by  law,  shall  forfeit  his  office  and  be 
forever  disqualified  from  holding  any  position  in  the  service  of  the  city; 
and  all  contracts  made,  or  right  or  franchise  granted,  in  violation  of  this 
section  shall  be  absolutely  void. 

Sec.  190.  No  officer  or  employe  of  the  city  shall  give  or  promise 
to  give  to  any  other  person  any  portion  of  his  compensation,  or  any 
money  or  thing  of  value,  or  any  position,  in  consideration  of  having 
been  or  of  being  nominated,  appointed,  voted  for  or  elected  to  any  office 
or  employment  under  the  city.  Any  person  violating  the  provisions  of 
this  section  shall  forfeit  his  office  and  employment  under  the  city,  and 
be  forever  disqualified  from  holding  any  position  in  the  service  of  the 
city. 

Sec.  191.  Any  officer  of  the  city  who  shall,  while  in  office,  accept 
any  donation  or  gratuity  in  money,  or  anything  of  value,  either  directly 
or  indirectly,  from  any  subordinate  or  employe,  or  from  any  candidate 
or  applicant  for  any  position  under  him,  shall  forfeit  his  office  and  be 
forever  disqualified  from  holding  any  position  in  the  service  of  the  city. 

Sec.  192.  All  books  and  records  of  every  office  and  department  shall 
be  open  to  the  inspection  of  any  citizen  at  any  time  during  business 
hours. 

Copies  or  extracts  from  such  books  and  records,  duly  certified,  shall 
be  given,  by  the  officer  having  the  same  in  custody,  to  any  person  de¬ 
manding  the  same,  upon  paying  or  tendering  ten  cents  per  folio  of  one 
hundred  words. 

Sec.  193.  Except  as  otherwise  provided  for  by  law  or  this  Charter 
all  public  offices  shall  be  kept  open  for  business  every  day  (except 
legal  holidays)  from  half  past  eight  o’clock  in  the  forenoon  until  five 
o’clock  in  the  afternoon;  and  in  addition  thereto,  for  two  weeks  before 
taxes  become  delinquent  in  each  year,  the  office  of  the  Tax  Collector 
shall  be  kept  open  until  nine  o’clock  in  the  evening. 


74 


CHARTER  OF  THE 


Sec.  194.  Whenever  the  Council  shall  adjudge  it  necessary  for  the 
city  to  take  or  damage  private  property  for  public  uses,  the  Council 
may  direct  proceedings  to  be  taken  by  the  City  Attorney  under  Title  7, 
part  3,  of  the  Code  of  Civil  Procedure,  to  condemn  the  same. 

[Note — For  the  general  law  as  to  condemnation  proceedings,  see 
Secs.  1237  to  1263,  Code  of  Civil  Proceedure.] 

Sec.  195.  No  office  shall  be  created,  nor  shall  any  person  be  em¬ 
ployed  in  any  capacity,  nor  shall  any  officer,  clerk  or  employe  receive 
any  salary  or  compensation  for  any  service  of  any  kind  unless  the  same 
is  specially  authorized  by  law  or  this  Charter;  provided,  however,  that 
when  any  officer  or  Board  shall  require  additional  employes,  application 
shall  be  made  to  the  council  to  authorize  the  appointment  of  such  ad¬ 
ditional  employes;  and  thereupon  the  Council  may,  in  its  discretion, 
authorize  such  appointment  and  provide  for  the  compensation  of  such 
appointees. 

Sec.  196.  Whenever  power  is  given  in  this  Charter  to  call  special 
meetings  of  the  Council,  Board  of  Education,  or  any  Board,  the  notice 
thereof  shall  be  in  writing,  and  shall  specify  the  object  of  the  meeting. 
The  notice  shall  be  served  on  each  member  personally  or  by  mail,  ad¬ 
dressed  to  his  place  of  residence;  if  by  mail,  the  notice  shall  be  de- 
cleposited  in  the  Postoffice  of  the  city  at  least  twenty-four  hours  before 
the  time  of  meeting.  At  such  special  meeting  no  subject  shall  be  con¬ 
sidered  except  that  specified  in  the  notice. 

Sec.  197.  Whenever  this  Charter  provides  for  the  posting  of 
notices,  such  notices  shall  be  posted  at  the  front  door  of  the  City  Hall, 
the  United  States  Postoffice,  and  at  the  office  of  the  body  authorizing 
the  notice. 

Sec.  198.  Whenever  a  provision  is  made  in  this  Charter  wherein 
publication  is  required,  such  publication  shall  be  made  in  a  newspaper 
of  general  circulation,  printed  and  published  in  the  City  of  Oakland, 
except  as  otherwise  provided. 

Sec.  199.  Every  officer  shall  hold  his  office  until  the  expiration 
of  the  term  for  which  he  was  elected  or  appointed,  and  until  his  suc¬ 
cessor  is  elected  or  appointed  and  qualified;  and  where  no  other 
period  is  prescribed,  the  term  of  such  officer  shall  not  exceed  two  years. 
An  officer  shall  be  deemed  to  have  qualified  when  he  has  taken  the  oath 
of  office  and  filed  the  same,  together  with  his  official  bond,  if  a  bond  is 
required,  as  herein  provided. 

Sec.  200.  The  Mayor,  members  of  the  Council,  Auditor,  Treasurer, 
City  Attorney,  Police  Judge,  Commissioners  of  Public  Works,  School 
Directors,  members  of  Board  of  Health  and  Health  Officer  must  each, 
at  the  time  of  their  election  or  appointment,  have  been  a  citizen  of  the 
United  States  and  a  resident  and  qualified  elector  of  the  city  for  three 
years  next  preceding  their  election  or  appointment. 

[Note — In  the  case  of  Selfridge  vs.  Beckwith,  No.  11410,  Superior 
Court,  it  was  held  by  Ogden,  Judge,  that  a  citizen  may  be  a  “qualified 
elector”  within  the  meaning  of  this  section,  although  his  name  may  not 
be  on  the  great  register.] 


CITY  OF  OAKLAND,  CAL. 


75 


Sec.  201.  All  officers,  deputies,  clerks,  assistants  and  other  em¬ 
ployes  of  the  city,  and  of  the  several  departments  thereof,  must  be 
citizens  of  the  United  States  and,  during  their  respective  terms  of  office 
or  employment,  must,  with  the  exception  of  teachers  in  the  public 
schools,  reside  in  the  city  and  have  been  residents  of  the  city  one  year 
next  preceding  their  appointment.  They  and  each  of  them  shall  per¬ 
form  such  duties  as  may  be  required  of  them  respectively  by  law,  ordi¬ 
nance  or  this  Charter,  and  shall  only  receive  such  compensation  as  may 
have  been  previously  provided,  and  such  compensation  shall  not  be  in¬ 
creased  during  the  term  of  their  respective  offices  or  employment. 

Sec.  202.  If  any  officer  of  the  city  shall  remove  from  the  fcity  or 
absent  himself  therefrom  for  more  than  thitry  days  consecutively  with¬ 
out  permission  of  the  Council,  or  shall  fail  to  qualify  by  taking  the  oath 
of  office  and  filing  his  official  bond,  whenever  such  official  bond  is  re¬ 
quired  within  ten  days  from  the  time  his  certificate  of  election  or 
appointment  is  mailed  or  delivered  to  him,  or  shall  resign  or  be  con¬ 
victed  of  felony,  or  adjudged  insane,  his  office  shall  be  vacant  and  the 
vacancy  filled  as  herein  provided.  The  Mayor  shall  have  power  to 
appoint  suitable  persons  to  fill  vacancies  in  any  office,  except  as  in  this 
Charter  provided.  The  appointee  shall  hold  for  the  unexpired  term  and 
until  the  election  and  qualification  of  his  successor. 

Sec.  203.  Unless  otherwise  provided  by  law  or  this  Charter,  any 
officer,  board  or  department  authorized  to  appoint  any  deputy,  clerk, 
assistant  or  employee  shall  have  the  right  to  remove  any  person  so 
appointed. 

Sec.  204.  All  appointments  of  officers,  deputies  and  clerks,  to  be 
made  under  any  provision  of  this  Charter,  must  be  made  in  writing 
and  in  duplicate,  authenticated  by  the  person  or  persons,  board  or 
officer  making  the  same.  One  of  said  duplicates  must  be  filed  with  the 
City  Clerk  and  the  other  with  the  Auditor. 

Sec.  205.  All  franchises  and  privileges  heretofore  granted  by  the 
city  which  are  not  in  actual  use  or  enjoyment,  or  which  the  grantees 
thereof  have  not  in  good  faith  commenced  to  exercise,  are  hereby 
declared  forfeited  and  of  no  validity,  unless  said  grantees  or  their  assigns 
shall,  within  six  months  after  this  Charter  takes  effect,  in  good  faith 
commence  the  exercise  and  enjoyment  of  such  privilege  or  franchise. 

Sec.  206.  Competent  and  experienced  employes  in  the  several  de¬ 
partments  shall  not  be  unnecessarily  removed. 

Sec.  207.  All  ordinances  and  resolutions  of  the  city  in  force  at 
the  time  this  Charter  takes  effect,  and  not  inconsistent  therewith,  shall 
continue  in  force  until  amended  or  repealed;  and  all  officers  of  the  city 
in  office  when  this  Charter  takes  effect  shall  continue  to  hold  and 
exercise  their  office  under  and  in  accordance  with  the  terms  and  pro¬ 
visions  of  this  Charter,  until  the  election  or  appointment  and  qualifica¬ 
tion  of  their  successors,  provided  for  herein. 

Sec.  208.  The  City  Council  of  the  present  City  of  Oakland  shall 
provide  for  th  holding  of  the  first  election  of  officers  under  this  Charter, 
and  shall  canvass  the  votes  and  declare  the  result. 


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GENERAL 


Municipal  Ordinances 

—OF  THE— 


City  of  Oakland,  Cal, 

IN  EFFECT  OCTOBER  1st,  1903. 


COMPILED  AND  ANNOTATED 
BY  AUTHORITY  OF  THE  CITY  COUNCIL 
UNDER  THE  SUPERVISION  OF 
A.  L.  FRICK, 

ATTORNEY  AT  LAW. 


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GENERAL 


Municipal  Ordinances 


CHAPTER  I. 

ORDINANCES  RELATING  TO  MUNICIPAL  OFFICERS. 


ORDINANCE  NO.  1336. 


AN  ORDINANCE  DEFINING  THE  SEAT  OF  GOVERNMENT  OF 

THE  CITY  OF  OAKLAND,  AND  LOCATING  THE  OFFICES  OF 

THE  CITY  OFFICERS  THEREOF. 

Re  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  seat  of  government  of  the  City  of  Oakland  is  hereby 
declared  to  be,  and  is  hereby  established,  at  the  City  Hall  and  adjacent 
buildings  located  at  the  junction  of  San  Pablo  avenue  and  Fourteenth 
street,  and  being  upon  a  portion  of  Block  253  in  said  city. 

Sestion  2.  The  offices  of  all  officers  of  the  city,  except  the  City 
Wharfinger  and  Poundmaster,  are  hereby  located  and  established  at  said 
City  Hall  and  adjacent  buildings;  and  all  books,  records,  papers  and 
documents  belonging  and  appertaining  to  the  several  offices  of  the  city, 
except  as  above  provided,  shall  be  kept  in  such  offices  as  above  located, 
and  in  no  other  place,  except  by  permission  of  the  Council. 

Section  3.  An  ordinance  entitled  “An  Ordinance  Defining  the  Seat 
of  the  City  Government  of  the  City  of  Oakland  and  Locating  the  Several 


82 


CHARTER  OF  THE 


Offices  Constituting1  the  Same,”  approved  March  23,  1871,  is  hereby  re¬ 
pealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891,  Vol.  3,  p.  704.) 


I 

ORDINANCE  No.  1995. 


AN  ORDINANCE  FIXING  THE  SALARIES  OF  CERTAIN  EMPLOYES 

OF  THE  CITY  OF  OAKLAND  AND  REPEALING  ORDINANCE 

No.  1982. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  salary  of  the  Deputy  Assessor  is  hereby  fixed  at 
$125  per  month. 

Section  2.  The  salary  of  the  Deputy  Auditor  is  hereby  fixed  at 
$125  per  month. 

Section  3.  The  salary  of  the  Temporary  Clerk  for  the  Assessor  is 
hereby  fixed  at  $100  per  month. 

Section  4.  The  salary  of  the  Secretary  of  the  Board  of  Public 
Works  is  hereby  fixed  at  $125  per  month. 

Section  5.  The  salary  of  the  Deputy  City  Clerk  is  hereby  fixed  at 
$125  per  month. 

Section  6.  The  salary  of  the  Assistant  City  Clerk  is  hereby  fixed  at 
$50  per  month. 

Section  7.  The  salary  of  the  Deputy  City  Engineer  is  hereby  fixed 
at  $125  per  month. 

Section  8.  The  salary  of  the  Night  Watchman  of  the  City  Hall  is 
hereby  fixed  at  $85  per  month. 

Section  9.  The  salary  of  the  Janitor  of  the  City  Hall  is  hereby  fixed 
at  $90  per  month. 

Section  10.  The  salary  of  the  Health  Officer  is  hereby  fixed  at  $150 
per  month. 

Section  11.  The  salary  of  the  Sanitary  Inspector  is  hereby  fixed  at 
$125  per  month. 

Section  12.  The  salaries  of  the  Assistant  Sanitary  Inspectors  are 
hereby  fixed  at  $100  per  month  each. 


CITY  OF  OAKLAND,  CAL. 


S3 


Section  13.  The  salary  of  the  Secretary  of  the  Board  of  Health  is 
hereby  fixed  at  $125  per  month. 

Section  14.  The  salary  of  the  Inspector  of  Market,  Meat  and  Milk 
and  Veterinary  Surgeon  is  hereby  fixed  at  $100  per  month. 

Section  15.  The  salary  of  the  Bacteriologist  of  the  Health  Depart¬ 
ment  is  hereby  fixed  at  $50  per  month. 

Section  16.  The  salary  of  the  Chemist  of  the  Health  Department 
is  hereby  fixed  at  $50  per  month.  (Amendment  approved  August  20,  1899. 
Vol.  5,  p.  424.) 

Section  17.  The  salary  of  the  Assistant  City  Attorney  is  hereby 

fixed  at  $125  per  month. 

Section  18.  The  salary  of  the  First  Deputy  Treasurer  and  Ex- 
Officio  Tax  Collector  is  hereby  fixed  at  $125  per  month. 

Section  19.  The  salary  of  the  Second  Deputy  Treasurer  and  Ex- 
Officio  Tax  Collector  is  hereby  fixed  at  $125  per  month. 

Section  20.  The  salary  of  the  Third  Deputy  Treasurer  and  Tax 
Collector  is  hereby  fixed  at  $125  per  month.  (Amendment  approved  Oc¬ 
tober  21,  1902.  Vol.  5,  p.  711.) 

Section  21.  The  salary  of  the  License  Inspector  is  hereby  fixed  at 
$100  per  month. 

Section  22.  The  salary  of  the  Chinese  Interpreter  is  hereby  fixed 
at  $35  per  month. 

Section  23.  The  salary  of  the  City  Wharfinger  is  hereby  fixed  at 
$100  per  month. 

Section  24.  The  salary  of  the  Deputy  Superintendent  of  Streets  is 
hereby  fixed  at  $125  per  month. 

Section  25.  The  salary  of  the  Superintendent  of  Streets  is  hereby 
fixed  at  $125  per  month. 

Section  26.  The  salary  of  the  Assistant  Clerk  of  the  Superintend¬ 
ent  of  Streets  is  hereby  fixed  at  $75  per  month. 

Section  27.  The  salary  of  the  Engineer  of  the  Steam  Roller  is  here¬ 
by  fixed  at  $100  per  month.  (Amendment  approved  October  23,  1902. 

p.  712.) 

Section  28.  The  salary  of  each  and  every  Keeper  of  a  public  park 
or  square  is  hereby  fixed  at  $70  per  month.  (Amendment  approved  Au¬ 
gust  15,  1902.  Vol.  5,  p.  702.) 

Section  29.  The  salary  of  each  and  every  Patrol  Wagon  Driver  is 
fiereby  fixed  at  $80  per  month. 

Section  30.  The  salary  of  the  Superintendent  of  the  Fire  and  Po¬ 
lice  Alarm  Telegraph  is  hereby  fixed  at  $150  per  month. 

Section  31.  The  salary  of  Lineman  of  the  Fire  and  Police  Alarm 
Telegraph  is  hereby  fixed  at  $100  per  month. 

Section  32.  The  salary  of  Batteryman  of  the  Fire  and  Police  Alarm 
Telegraph  is  hereby  fixed  at  $2.25  per  day. 


84 


CHARTER  OF  THE 


Section  33.  The  salary  of  the  First  Assistant  Chief  Engineer  of 
the  Fire  Department  is  hereby  fixed  at  $150  per  month.  (Amendment 
in  effect  January  8,  1903.  Vol.  6,  p.  36.) 

Section  34.  The  salary  of  each  and  every  Foreman  of  the  Fire  De¬ 
partment,  except  the  Foreman  of  a  Chemical  Engine  Company,  is  hereby 
fixed  at  $40  per  month.  (Amendment  in  effect  January  8,  1903.  Vol.  6, 
p  36.) 

Section  35.  The  salary  of  each  and  every  Engineer  of  the  Fire  De¬ 
partment  is  hereby  fixed  at  $120  per  month.  (Amendment  in  effect 
January  8,  1903.  Vol.  6,  p.  36.) 

Section  36.  The  salary  of  each  and  every  stoker  of  the  Fire  De¬ 
partment  is  hereby  fixed  at  $90  per  month.  (Amendment  in  effect 
January  8,  1903.  Vol.  6,  p.  36.) 

Section  37.  The  salary  of  each  and  every  Driver  of  the  Fire  De¬ 
partment  is  hereby  fixed  at  $90  per  month.  (Amendment  in  effect 
January  8,  1903.  Vol,  6,  p.  36.) 

Section  38.  The  salary  of  each  and  every  Extraman  of  the  Fire  De¬ 
partment  is  hereby  fixed  at  $30  per  month.  (Amendment  in  effect 
January  8,  1903.  Vol.  6,  p.  36.) 

Section  39.  The  salary  of  the  Foreman  of  a  Chemical  Engine  Com¬ 
pany  is  hereby  fixed  at  $90  per  month.  (Amendment  in  effect  January 
8,  1903.  Vol.  6,  p.  36.) 

Section  40.  The  salary  of  a  Steward  of  the  Fire  Department  is 
hereby  fixed  at  $90  per  month.  (Amendment  in  effect  January  8,  1903- 
Vol.  6,  p.  36.) 

Section  41.  The  salary  of  a  Tillerman  in  the  Fire  Department  is 
hereby  fixed  at  $90  per  month.  (Amendment  in  effect  January  8,  1903. 
Vol.  6,  p.  36.) 

Section  42.  Ordinance  No.  1982,  fixing  the  salary  of  certain  em¬ 
ployes  of  the  City  of  Oakland,  approved  April  29,  1899,  is  hereby  re¬ 
pealed. 

Section  43.  This  ordinance  shall  take  effect  on  and  after  August 
1st,  1899. 

(Approved  August  1,  1899,  Vol.  5,  p.  395.) 

(Approved  April  29,  1899.) 


ORDINANCE  No.  1113. 


AN  ORDINANCE  RE-ESTABLISHING  THE  OFFICE  OF  LICENSE 
INSPECTOR,  DEFINING  HIS  DUTIES  AND  FIXING  HIS  SAL¬ 
ARY. 


CITY  OF  OAKLAND,  CAL. 


35 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland  as  follows: 

Section  1.  The  office  of  License  Inspector  of  the  City  of  Oakland 
is  hereby  re-established  with  the  powers  and  duties  hereinafter  pro¬ 
vided. 

Section  2.  The  Mayor  of  the  City  of  Oakland  shall  appoint  a  suit¬ 
able  person  to  the  office  of  License  Inspector. 

Section  3.  The  License  Inspector  shall  act  under  the  direction  and 
be  subject  at  all  times  to  the  instruction  of  the  Tax  Collector. 

Section  4.  The  License  Inspector  shall  have,  and  exercise,  the  same 
powers  in  the  performance  of  his  official  duties  as  a  police  officer  has 
and  exercises  in  making'  arrests.  He  shall  enter  any  place  of  business 
for  which  a  license  is  required  and  provided  free  of  charge  and  at  his 
pleasure,  and  demand  the  exhibition  of  any  license  for  the  current  term 
from  any  person,  firm  or  corporation  engaged  or  employed  in  the  trans¬ 
action  of  any  business  for  which  a  license  is  required;  and  on  failure  or 
refusal  of  such  person,  firm  or  corporation  to  exhibit  such  license,  such 
person,  firm  or  corporation  shall  be  liable  to  arrest  and  subject  to  the 
penalty  or  penalties  which  are  now  provided  for  conducting  business 
without  a  license  to  sell  intoxicating  liquors.  It  shall  be  the  duty  of  the 
License  Inspector  to  arrest  any  person,  firm  or  corporation  failing  or  re¬ 
fusing  to  exhibit  such  license  when  so  demanded,  and  proceed  against 
the  same  for  conducting  a  business  without  a  license.  He  shall  be 
clothed  with  all  the  powers  and  duties  which  are  now  or  which  may 
he  hereafter  conferred  by  ordinance  or  otherwise  upon  police  or  license 
officers. 

[Note — See  Ordinance  No.  1995,  p.  82  hereof,  fixing  salary.] 

Section  6.  The  License  Inspector  shall  furnish  a  bond  in  the  penal 
sum  of  $5000,  with  two  sureties,  that  he  will  faithfully  perform  the 
duties  of  his  office. 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  is  hereby  repealed. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  16,  1889.  Vol.  3.  p.  403.) 


ORDINANCE  No.  1959. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  “CHEMIST  OF  THE 
CITY  OF  OAKLAND,”  PROVIDING  FOR  HIS  DUTIES  AND 
FIXING  HIS  COMPENSATION. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  “Chemist  of  the  City  of  Oakland”  is  hereby 
■created,  said  office  to  be  filled  by  appointment  by  the  Board  of  Health 


86 


C  H  A  R  T  E  R  O  F  T  H  E 


of  said  city  on  the  joint  recommendation  of  the  heads  of  the  Depart¬ 
ments  of  Chemistry  and  Agriculture  of  the  State  University.  The 
duties  of  said  officer  shall  be  such  as  said  Board  of  Health  may  pre¬ 
scribe.  and  he  shall  hold  his  office  during  the  pleasure  of  said  Board. 

Section  2.  The  compensation  of  such  officer  shall  be  Twenty-five 
($25.00)  dollars  per  month,  payable  monthly. 

[Note — The  salary  fixed  by  this  section  has  been  raised  to  $50  per 
month.  See  Sec.  16,  of  Ordinance  1995,  as  amended.] 

Section  3.  This  ordinance  shall  take  effect  from  its  approval. 

(Approved  Jan.  28,  1899.  Vol.  5,  p.  343.) 


ORDINANCE  No.  1960. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  “BACTERIOLOGIST 
OF  THE  CITY  OF  OAKLAND,”  PROVIDING  FOR  HIS  DUTIES 
AND  FIXING  HIS  COMPENSATION. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  “Bacteriologist  of  the  City  of  Oakland,” 
is  hereby  created,  said  office  to  be  filled  by  appointment  by  the  Board 
of  Health  of  said  City.  The  duties  of  said  officer  shall  be  such  as  the 
Board  of  Health  shall  prescribe  and  he  shall  hold  his  office  during  the 
pleasure  of  the  Board  of  Health. 

Section  2.  (Repealed  by  Ordinance  No.  1982,  April  29,  1899.  The 
salary  is  now  fixed  by  Ordinance  No.  2182,  approved  Jan.  1,  1903,  at 
$75.00  per  month.) 

Section  3.  This  ordinance  shall  take  effect  from  its  approval. 
(Approved  Jan.  28,  1899.  Vol.  5,  p.  344.) 


ORDINANCE  No.  1259. 


ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND  FIRE 
COMMISSIONERS  TO  APPOINT  FOUR  EXTRA  MEN  AND  ONE 
FOREMAN  FOR  TRUCK  COMPANY  NO.  2,  AND  ONE  DRIVER 
FOR  HOSE  COMPANY  NO.  2,  AND  FOUR  MEN  FOR  TWO 
CHEMICAL  ENGINE  COMPANIES,  AND  FIXING  THE  SAL¬ 
ARIES  OF  THE  SAME. 


I 


CITY  OF  OAKLAND,  CA 


*7 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  four  extra  men  and  one  fore¬ 
man  for  Truck  Comptny  No  2,  and  one  driver  for  a  Hose  Company 
to  be  designated  and  known  as  Hose  Company  No.  2,  both  companies 
being  stationed  at  Bast  Oakland,  and  two  men  for  each  Chemical 
Engine  Company,  namely:  That  Chemical  Engine  Company  to  be 
stationed  at  North  Oakland,  and  that  Chemical  Engine  Company  to  be 
stationed  at  East  Oakland. 

Section  2.  (Salaries  fixed  by  Ordinance  No.  1995.) 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  imme¬ 
diately  after  its  approval. 

(Approved  March  23,  1891.  Vol.  3,  p.  592.) 


ORDINANCE  No.  2008. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 

FIRE  COMMISSIONERS  TO  INCREASE  THE  EMPLOYEES  OF 

THE  FIRE  DEPARTMENT  BY  THE  EMPLOYMENT  OF  FOUR 

ADDITIONAL  PERMANENT  MEN. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whereas,  By  that  certain  Act  of  the  Legislature  of  the 
State  oi  California,  which  became  a  law,  under  constitutional  provis¬ 
ions,  March  4,  1899,  a  monthly  and  yearly  vacation  is  granted  to  each 
permanent  man  of  the  Fire  Department;  and 

Whereas,  It  is  necessary  to  increase  the  said  Department  by  four 
men  in  order  to  meet  the  requirements  of  said  act,  it  is  therefore  here¬ 
by  ordained  that  the  Board  of  Police  and  Fire  Commissioners  be  and 
it  is  hereby  authorized  to  employ  three  additional  permanent  men  to 
act  as  Drivers,  Tillermen  or  Stokers,  and  one  additional  man  to  act  as 
Engineer.  The  salary  of  said  additional  employes  to  be  such  as  may 
be  established  by  ordinance  for  the  positions  held  by  them. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  Aug.  21,  1899.  Vol.  5,  p.  416.) 


88 


CHARTER  OF  THE 


ORDINANCE  No.  1606. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  APPOINT  ONE  DRIVER,  ONE 
TILLERMAN.  ONE  FOREMAN  AND  SEVEN  EXTRAMEN  FOR 
TRUCK  COMPANY  NO.  3,  ONE  ENGINEER,  ONE  DRIVER,  ONE 
STOKER.  ONE  FOREMAN  AND  FIVE  EXTRAMEN  FOR  EN¬ 
GINE  COMPANY  NO.  6  AND  ONE  DRIVER,  ONE  FOREMAN 
AND  FOUR  EXTRAMEN  FOR  HOSE  COMPANY  NO.  3,  AND 
FIXING  THE  LOCATION  THEREOF  AND  THE  SALARIES  OF 
THE  SAME. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  one  driver,  one  tillerman,  one 
foreman  and  seven  extramen  for  Truck  Company  No.  3,  to  be  situated 
at  West  Oakland;  one  engineer,  one  driver,  one  stoker,  one  foreman 
and  five  extramen  for  Engine  Company  No.  6,  to  be  situated  at  East 
Oakland,  and  one  driver,  one  foreman  and  four  extramen  for  Hose 
Company  No.  3,  to  be  situated  at  the  Fourth  Ward. 

Section  2.  (Salaries  fixed  by  Ordinance  1995,  page  82  hereof.) 

Section  3.  This  ordinance  shall  take  effect  on  and  after  July  1st, 
1894. 

(Approved  April  23.  1894.  Vol.  4,  p.  554.) 


ORDINANCE  No.  1622. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  APPOINT  A  STEWARD  FOR  HOSE 
COMPANY  NO.  3. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  a  Steward  for  Hose  Com¬ 
pany  No.  3. 

Section  2.  (Salaries  fixed  by  Ordinance  1995,  page  82  hereof.) 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  1st  day  of  July,  1894. 

(Approved  August  15,  1894.  Vol.  4,  p.  589.) 


CITY  OF  OAKLAND,  CAL. 


89 


ORDINANCE  No.  602. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CITY  PHYSICIAN 

AND  PRESCRIBING  THE  DUTIES  AND  COMPENSATION 

THEREOF. 

The  Council  of  the  City  of  Oakland  do  ordain: 

Section  1.  The  office  of  City  Physican  is  hereby  created  and  the 
Health  Officer  shall  be  ex-officio  City  Physician.  (Amendment  ap¬ 
proved  November  17,  1891.  Vol.  3,  p.  736.) 

Section  2.  The  City  Physician  shall  be  the  medical  attendant  of 
all  persons  confined  in  the  City  Prison,  and  he  shall  render  to  them 
such  medical  and  surgical  attendance  as  may  be  necessary,  whenever 
requested  by  the  Chief  of  Police.  He  shall  inspect  said  City  Prison  at 
least  once  a  week,  and  oftener  if  necessary,  and  shall  make  such  rules 
for  the  regime  of  the  prisoners  as  he  may  deem  necessary.  He  shall 
keep  a  record  of  the  number  of  sick  persons  in  said  prison  and  shall 
collect  and  preserve  such  other  statistics  as  may  be  usual  in  such 
cases.  He  shall  from  time  to  time  examine  all  supplies  furnished  for 
the  feeding  of  the  city  prisoners,  and  see  that  the  same  is  wholesome 
and  sufficient.  He  shall  also  perform  such  other  duties  in  the  line  of 
his  profession  and  for  the  benefit  of  the  city  as  may  be  required  from 
time  to  time,  by  the  Board  of  Health.  (Amendment  approved  Novem¬ 
ber  17,  1891.  Vol.  3,  p.  736.) 

Section  3.  (Repealed  by  Ordinance  No.  1995,  fixing  salary;  page  82 
hereof.) 

Section  4.  This  ordinance  shall  take  place  immediately. 

(Approved  June  30,  1874.  Vol.  2,  p.  351.) 


ORDINANCE  No.  2049. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  INCREASE  THE  NUMBER  OF 
EMPLOYES  OF  THE  FIRE  DEPARTMENT  BY  THE  APPOINT¬ 
MENT  AND  EMPLOYMENT  OF  ADDITIONAL  MEN. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  to  employ  additional  men  to  serve  in  the  Fire  Department 
as  follows: 


90 


GENERAL  MUNICIPAL  ORDINANCES 


Two  (2)  engineers;  three  (3)  drivers;  two  (2)  stokers;  two  (2) 
foremen,  and  ten  (10)  extramen. 

Section  2.  This  ordinance  shall  take  effect  immediately. 
(Approved  July  7,  1900.  Vol.  5,  p.  478.) 


ORDINANCE  No.  2176. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  DEPUTY  LICENSE 
INSPECTOR  AND  FIXING  THE  SALARY  OF  THE  DEPUTY 
LICENSE  INSPECTOR  AT  $100.00  PER  MONTH. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  Deputy  License  Inspector  is  hereby  created 
and  the  salary  of  the  Deputy  License  Inspector  shall  be  the  sum  of 
$100.00  per  month.  The  Deputy  License  Inspector  to  be  appointed  under 
the  authority  of  this  ordinance  snail  be  so  appointed  by  the  Mayor  of 
the  City  of  Oakland,  and  shall  hold  his  office  at  the  pleasure  of  said 
Mayor. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  ana  after  the  date  of  its  passage  and  approval. 

(("Approved  December  18,  1902.) 


ORDINANCE  No.  1341. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  SANITARY  IN¬ 
SPECTOR  AND  DEFINING  HIS  DUTIES. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  Sanitary  Inspector  is  hereby  created,  and 
the  office  so  created  shall  be  filled  by  appointment  by  the  Board  of 
Health. 

Section  2.  He  shall  be  prompt  and  active  in  enforcing  all  lawful 
orders  of  the  Board  of  Health  and  Health  officer,  and  shall  be  active 
and  vigilant  in  detecting  and  causing  the  removal  of  all  causes  of 
disease;  and  if  at  any  time  it  shall  come  to  his  knowledge  that  any 
street,  building  or  place  is  in  a  condition  offensive  to  the  public  health 
he  shall  immediately  report  the  same  to  the  Health  officer.  He  shall 
see  that  all  violations  of  sanitary  ordinances  and  regulations  are  vig¬ 
orously  prosecuted,  and  for  this  purpose  shall  be  vested  with  all  the 


OF  THE  CITY  OF  OAKLAND,  CAL. 


91 


powers  of  a  police  officer.  He  shall  then  perform  such  other  duties  as 
may  be  required  of  him  by  the  Board  of  Health. 

Section  3.  Before  entering-  upon  the  duties  of  his  office  he  shall 
give  a  bond  in  the  sum  of  two  thousand  five  hundred  dollars. 

Section  4.  The  salary  of  the  Sanitary  Inspector  is  hereby  fixed 
at  the  sum  of  one  hundred  and  twenty-five  dollars  per  month,  the 
same  to  cover  expense  of  horse  and  buggy  to  be  furnished  by  him  for 
his  use. 

[Note — See  Ordinance  No.  1995,  page  82  hereof.] 

Section  5:  An  ordinance  entitled  “An  Ordinance  Creating  and 
Establishing  the  Office  of  Sanitary  Inspector,  etc.,”  approved  Mar.  24, 
1884,  is  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  709.) 


ORDINANCE  No.  1242. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  ASSISTANT  SANI¬ 
TARY  INSPECTOR  OF  THE  BOARD  OF  HEALTH  AND  FIXING 
THE  SALARY  THEREOF. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  Assistant  Sanitary  Inspector  of  the  Board 
of  Health  of  the  City  of  Oakland  is  hereby  established,  the  same  to  be 
filled  by  appointment  by  the  Board  of  Health. 

Section  2.  There  shall  be  two  (2)  such  Assistant  Sanitary  Inspect¬ 
ors,  and  the  salary  of  each  is  hereby  fixed  at  the  sum  of  $100  per  month. 
(As  amended  August  6,  1898.  Vol.  5,  p.  292.) 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  December  8,  1890.  Vol.  3,  p.  548.) 


ORDINANCE  No.  1901. 


AN  ORDINANCE  FIXING  THE  FEES  OF  THE  CITY  ENGINEER 
OF  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


92 


GENERAL  MUNICIPAL  ORDINANCES 


Section  1.  The  official  fees  of  the  City  Engineer  of  the  City  of 
Oakland  shall  be  as  follows: 

(a) .  Eor  the  survey  of  any  lot  lying  above  high  water  of  25  feet  or 
less  frontage,  eight  (8)  dollars,  including  four  stakes,  with  50  cents  for 
every  additional  stake  and  5  cents  for  every  additional  foot  of  frontage. 
For  an  entire  vacant  block,  four  stakes,  twenty  (20)  dollars.  The  word 
survey  includes  diagram  thereof. 

(b) .  For  giving  official  line  and  grade  of  curb  or  sidewalk  in  front 
of  any  lot  not  already  surveyed,  eight  (8)  dollars  for  two  stakes,  one 
dollar  for  each  additional  stake;  for  lot  already  surveyed,  five  (5)  dol¬ 
lars  for  two  stakes,  one  dollar  for  each  additional  stake. 

(c) .  For  grade  and  line  of  private  sewer  authorized  by  the  Coun¬ 
cil,  six  (6)  dollars  for  every  100  feet  or  less,  with  five  cents  for  every 
additional  foot  of  sewer. 

(d) .  Upon  street  work  under  the  general  street  law  of  the  State 
of  California  the  following  shall  be  the  fees,  to- wit: 

Preliminary  engineering  work  for  filing  quantities  with  the  City 
Clerk  for  the  estimating  of  bids: 

On  grading  or  re-grading  by  the  cubic  yard,  5  cents  per  lineal  foot 
of  street  along  center  line. 

On  grading  or  re-grading  by  square  foot  one  cent  per  lineal  foot  of 
street  along  center  line. 

On  macadamizing  or  re-macadamizing  by  square  foot,  iy2  cents 
per  lineal  foot  of  street  along  center  line. 

On  paving  or  re-paving  by  square  foot,  iy2  cent  per  lineal  foot 
of  street  along  center  line. 

On  sidewalking  or  re-sidewalking,  1  cent  per  lineal  foot  of  side¬ 
walk,  including  exceptions. 

On  curbing  or  re-curbing,  y2  cent  per  lineal  foot  of  curbing,  in¬ 
cluding  exceptions. 

On  crosswalks,  y2  cent  per  lineal  foot  of  crosswalk. 

On  culverts  y2  cent  per  lineal  foot  of  culvert. 

On  sewering  or  re-sewering,  1  cent  per  lineal  foot  of  sewer. 

For  each  plan  accompanying  above,  five  (5)  dollars. 

For  special  specifications,  %  of  1  per  cent  of  cost  of  construction, 
as  shown  by  contractor’s  bid. 

(Engineering  work  upon  construction: ) 

(e).  For  setting  stakes  once  upon: 

Sewering  or  re-sewering,  5  cents  per  lineal  foot  of  sewer. 

Catch  basins,  five  (5)  dollars  each. 

Grading  or  re-grading,  5  cents  per  lineal  foot  of  street,  measured 
along  the  center  line. 

Grading  and  curbing  or  re-grading  and  re-curbing,  6  cents  per  lineal 
foot  of  street,  measured  along  center  line. 

Curbing  or  re-curbing  with  wood,  2  y2  cents  per  lineal  foot  of 
curbing. 

Curbing  or  re-curbing  with  granite  or  artificial  stone,  5  cents  per 
lineal  foot  of  curbing. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


93 


On  sidewalking-  or  re-sidewalking,  5  cents  per  lineal  foot  of  side¬ 
walk. 

On  culverts,  5  cents  per  lineal  foot  of  culvert. 

On  crosswalks,  5  cents  per  lineal  foot  of  crosswalks. 

On  grading,  curbing  with  wood  and  macadamizing  (class  B  and 
C)  10  cents  per  lineal  foot  of  street,  measured  along  the  center  line  of 
the  street. 

On  re-grading,  re-curbing  with  wood  and  re-macadamizing  (class 
B  and  C)  10  cents  per  lineal  foot  of  street,  measured  along  the  center 
line  of  the  street. 

On  macadamizing  or  re-macadamizing  only  (class  B  and  C),  5  cents 
per  lineal  foot  of  street,  measured  on  the  center  line  of  the  street. 

On  re-macadamizing  by  re-dressing  the  surface  of  the  roadway, 
no  fee  shall  be  charged  unless  stakes  are  set,  in  which  case  the  fee  as 
above  for  re -macadamizing  shall  be  charged. 

On  macadamizing  or  re-macadamizing  (class  B  and  C)  and  wooden 
curbing,  7  cents  per  lineal  foot  of  street,  measured  on  the  center  line 
of  the  street. 

On  grading,  curbing  and  macadamizing  or  re-grading,  re-curbing 
and  re-macadamizing  (class  A),  5  cents  per  lineal  foot  of  each  line 
of  stakes,  measured  lengthwise  of  the  street. 

On  paving  or  re- paving  with  asphalt,  bituminous  rock  or  wooden 
blocks,  5  cents  per  lineal  foot  of  each  line  of  stakes,  measured  length¬ 
wise  of  the  street. 

For  setting  grade  for  gutters  six  (6)  dollars  for  100  feet  or  less, 
with  5  cents  for  every  additional  foot  of  gutter. 

For  masonry  work,  5  per  cent  on  the  cost  of  construction,  as  shown 
by  the  contractor’s  bid. 

(f) .  Re-setting  stakes  shall  be  at  the  expense  of  the  contractor  at 
the  above  rates. 

(g) .  For  assessment  diagram  and  final  certificate,  $5.00.  (Said  fee 
shall  not  be  construed  to  include  field  work  or  the  gathering  of  data  for 
the  preparation  of  said  diagram.) 

Section  2.  Upon  work  ordered  by  the  Council,  the  expense  of 
which  shall  be  paid  by  district  assessment,  the  fee  shall  be  5  per  cent 
of  the  cost  of  construction. 

Section  3.  The  fees  in  this  ordinance  shall  not  be  construed  to 
apply  to  work  ordered  by  the  Council  the  expense  of  which  shall  be 
paid  by  bonding  the  City  of  Oakland. 

Section  4.  Upon  all  engineering  work  ordered  by  the  Council  or 
by  the  Board  of  Public  Works,  the  expense  of  which  is  to  be  paid 
out  of  the  General  Fund  of  the  City  Treasury,  it  shall  be  lawful  for 
the  City  Engineer  to  charge  the  actual  expense  of  said  work.  The 
City  Engineer  shall  file  with  the  City  Clerk  or  with  the  Board  of 
Public  Works  itemized  demands  upon  the  City  of  Oakland  for  all 
assistants’  services  in  this  section  provided. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 


94 


GENERAL  MUNICIPAL  ORDINANCES 


Section  6.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 


(Approved  May  4,  1898.  Vol.  5,  p.  269.) 


ORDINANCE  No.  1381. 


AN  ORDINANCE  DEFINING  THE  DUTIES  OF  THE  CITY 

ENGINEER. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  the  duty  of  the  City  Engineer  to  give  the 
corners,  lines  of  survey  of  lots  and  the  proper  grade  of  the  sidewalks 
in  front  of  all  buildings,  blocks  or  lots,  with  certificate  of  same, 
when  applied  to  for  that  purpose;  and  for  such  service  the  person 
requiring  work  done  shall  pay  all  lawful  charges.  When  required  by 
the  Council,  Board  of  Public  Works  or  any  contractor  for  city  work, 
he  shall  furnish  the  lines,  grades,  measurements  and  calculations  for 
any  street  or  other  city  work.  When  ordered  by  the  Council,  he  shall 
place  monuments  as  initial  points  for  measurements  or  grades  at  such 
places  as  the  Council  may  direct,  and  he  shall  do  and  perform  such 
other  duties  as  may  be  required  by  the  Charter  and  as  usually  per¬ 
tain  to  that  office. 

Section  2.  The  City  Engineer  shall  enter  in  a  book  or  books 
kept  for  that  purpose  in  his  office  a  record  of  all  surveys  and  measure¬ 
ments  made  under  the  provisions  of  this  ordinance.  All  records  of 
surveys  and  all  calculation  books  pertaining  to  streets,  plazas  or  other 
city  work,  with  all  maps,  plans  and  profiles  in  which  the  city  can  in 
any  manner  be  interested,  shall  be  and  remain  the  property  of  the 
city,  and  shall  be  kept  in  the  City  Engineer’s  office,  and  shall  be  open 
for  public  inspection  during  office  hours.  All  such  books,  maps,  plans 
and  profiles  shall  be  carefully  preserved  by  the  City  Engineer  and 
transmitted  to  his  successor  in  office. 

Section  3.  If  it  sh’all  be  necessary  for  any  person  to  remove  any 
street  monument,  notice  shall  be  given  to  the  City  Engineer,  who 
shall  remove  such  monument,  and  shall  replace  the  same  in  its  proper 
position  as  soon  as  the  object  has  been  attained  for  which  the  removal 
shall  have  been  made;  provided,  however,  that  the  fee  for  such  re¬ 
moval  and  replacement  shall  not  exceed  ten  dollars. 

Section  4.  An  ordinance  entitled  “An  Ordinance  Defining  the 
Duties  and  Fixing  the  Compensation  of  the  City  Surveyor  and  En¬ 
gineer,  etc.,’’  approved  November  6,  1868,  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  23,  1891.  Vol.  4,  p.  1.) 


OF  THE  CITY  OF  OAKLAND',  CAL. 


95 


ORDINANCE  No.  1366. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF  LAWFUL 

ORDERS  OF  THE  BOARD  OF  PUBLIC  WORKS  AND  BOARD 

OF  COMMISSIONERS  OF  THE  POLICE  AND  FIRE  DEPART¬ 
MENTS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  resist,  obstruct,  defeat,  or  attempt  to 
defeat  the  enforcement  or  execution  of  any  lawful  order  of  the  Board 
of  Public  Works  or  of  the  Board  of  Commissioners  of  the  Police  and 
Fire  Departments,  or  of  any  person  lawfully  acting-  under  their  au¬ 
thority. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  17,  1891.  Vol.  3,  p.  738.) 


ORDINANCE  No.  1110. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  PUBLIC  WORKS 

TO  CONTRACT  FOR  SUPPLIES  FOR  THE  VARIOUS  DEPART¬ 
MENTS  OF  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Public  Works  is  hereby  authorized  to 
contract  for  supplies  for  the  various  departments  of  the  City  of  Oak¬ 
land,  to- wit:  All  supplies  consisting  of  meat,  vegetables,  groceries  and 
all  other  supplies  necessary  for  the  subsistence  of  prisoners  confined 
in  the  City  Prison;  all  books,  blanks,  printing  and  stationery  required 
by  the  various  municipal  departments  of  the  City  of  Oakland,  the  cost 
of  which  will  not  be  in  excess  of  $100. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  December  12,  1889.  Vol.  3,  p.  400.) 


96 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1178. 


AN  ORDINANCE  ENABLING  KEEPERS  OF  PUBLIC  PARKS  IN 

THE  CITY  OF  OAKLAND  TO  PERFORM  THE  DUTIES  OF 

SPECIAL  POLICE  OFFICERS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  person  employed  as  the  keeper  of  a  public 
park  in  the  City  of. Oakland  shall,  during-  the  term  of  his  service  as 
such,  be  vested  with  all  the  powers  and  be  amenable  to  all  the  res¬ 
ponsibilities  and  liabilities  of  a  special  police  officer,  and  he  shall  be 
required  to  perform  the  duties  of  a  special  police  officer  in  addition  to 
his  other  duties,  for  the  better  protection  of  the  public  property  in  his 
charge;  but  he  shall  not  be  entitled  to,  nor  shall  he  receive  any  com¬ 
pensation  other  than  his  salary  as  park  keeper,  for  any  services 
which  he  may  be  required  to  render  under  the  provisions  of  this  or-  . 
dinance. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  imme¬ 
diately  after  its  approval. 

(Approved  July  9,  1890.  Vol.  3,  p.  486.) 


ORDINANCE  No.  1179. 


AN  ORDINANCE  PROVIDING  FOR  THE  SALE  OF  REFUSE  OR 

CONDEMNED  MATERIAL. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Public  Works  may,  when  it  is  deemed 
the  public  interest  requires,  sell  at  public  aution  to  the  highest  bidder 
any  refuse  or  condemned  material,  stock,  goods  or  property  within 
the  control  of  the  various  departments  of  the  City  of  Oakland. 

Section  2.  Before  such  sale  is  held  a  notice  shall  be  given  by 
posting  the  same  for  ten  days  and  publishing  the  same  for  five  days, 
stating  the  time  and  place  of  sale  and  a  general  description  of  the 
property  offered  for  sale. 

Section  3.  The  proceeds  of  such  sale  shall  be  payable  into  the 
fund  from  which  the  department  of  which  the  property  is  sold  draws 
its  revenue. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  July  9,  1890.  Vol.  3,  p.  487.) 


V 


* 


OF  THE  CITY  OF  OAKLAND,  CAL. 


97 


ORDINANCE  No.  1216. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CHINESE  INTER¬ 
PRETER  OF  THE  POLICE  COURT— DEFINING  THE  DUTIES 
AND  FIXING  THE  SALARIES  OF  THE  INCUMBENT. 

Be  rt  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  Chinese  Interpreter  of  the  Police  Court 
is  hereby  established,  the  same  to  be  filled  by  appointment  by  the 
Police  Judge. 

Section  2.  It  shall  be  the  duty  of  such  Chinese  Interpreter  to  be 
in  attendance  upon  said  Court,  and  to  interpret  from  the  Chinese  lan¬ 
guage  into  English,  and  vice  versa,  whenever  required. 

Section  3.  The  salary  of  such  Chinese  Interpreter  is  hereby  fixed 
at  the  sum  of  $35  per  month. 

[Note — See  Ordinance  1995,  p.  82  hereof.] 

Section  4.  An  ordinance  entitled  “An  Ordinance  Fixing  the  Salary 
of  the  Chinese  Interpreter  of  the  City  Justice’s  Court,”  approved  Nov. 
10,  1887,  is  hereby  repealed. 

Section  5  This  ordinance  shall  take  effect  immediaely  upon  its 
approval. 

(Approved  October  30,  1890.  Vol.  3,  p.  529.) 


ORDINANCE  No.  1694. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  “NIGHT  WATCH¬ 
MAN  OF  THE  CITY  HALL”  AND  DEFINING  THE  POWERS 
AND  DUTIES  AND  FIXING  THE  SALARY  THEREOF  AND 
PROVIDING  FOR  THE  APPOINTMENT  TO  FILL  SAID  OFFICE. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  “Night  Watchman  of  the  City  Hall”  is 
hereby  created  and  the  powers  and  duties  of  which  shall  be  as  in  this 
ordinance  hereafter  defined. 

Section  2.  The  “Night  Watchman  of  the  City  Hall”  shall  be  ap¬ 
pointed  by  the  City  Council  of  the  City  of  Oakland  by  resolution  of 
said  Council,  and  shall  hold  office  at  the  pleasure  of  the  said  Council. 

Section  3.  The  salary  of  the  “Night  Watchman  of  the  City  Hall” 
is  hereby  fixed  at  $85.00  per  month. 

[Note — See  Ordinance  1995,  p.  82  hereof.] 


98 


GENERAL  MUNICIPAL  ORDINANCES 


Section  4.  The  powers  and  duties  of  the  “Night  Watchman  of 
the  City  Hall”  are  hereby  defined  as  follows: 

He  shall  be  under  the  direction  of  the  City  Council,  have  the  im¬ 
mediate  charge  of  the  City  Hall  of  the  City  of  Oakland  and  the  fur¬ 
niture  and  other  property  therein  contained  in  the  night  time  and  shall 
be  at  the  said  City  Hall  every  night  between  the  hours  of  7  o’clock 
p.  m.  and  7  o’clock  a.  m.  He  shall  keep  vigilant  watch  over  the  rooms 
and  halls  of  said  City  Hall,  and  the  furniture  and  other  property  con¬ 
tained  therein,  during  the  hours  of  the  night  and  protect  the  same  and 
give  immediate  alarm  in  case  of  fire  or  other  danger,  and  perform 
such  other  duties  relating  to  his  employment  as  the  City  Council  may, 
by  resolution,  from  time  to  time  require. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Passed  over  veto  July  18,  1895.  Vol.  4,  p.  702.) 


ORDINANCE  No.  1695. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  “JANITOR  OF  THE 

CITY  HALL”  AND  DEFINING  THE  POWERS  AND  DUTIES 

AND  FIXING  THE  SALARY  THEREOF  AND  PROVIDING  FOR 

THE  APPOINTMENT  TO  FILL  SAID  OFFICE 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  “Janitor  of  the  City  Hall”  is  hereby 
created,  and  the  powers  and  duties  of  which  shall  be  as  in  this  ordin¬ 
ance  hereafter  defined. 

Section  2.  The  “Janitor  of  the  City  Hall”  shall  be  appointed  by 
the  City  Council  of  the  City  of  Oakland,  by  resolution  of  said 
Council,  and  shall  hold  office  during  the  pleasure  of  the  said  Council. 

Section  3.  The  salary  of  the  “Janitor  of  the  City  Hall”  is  hereby 
fixed  at  ninety  dollars  per  month. 

[Note — See  Ordinance  1995,  p.  82  hereof.] 

Section  4.  The  powers  and  duties  of  the  “Janitor  of  the  City  Hall” 
are  hereby  defined  as  follows: 

He  shall  be  in  attendance  at  the  City  Hall  of  the  City  of  Oakland 
daily  between  the  hours  of  7  o’clock  a.  m.  and  7  o’clock  p.  m.,  and  at 
such  other  times  as  the  City  Council  may  require.  He  shall  keep  the 
rooms  and  halls  of  the  City  Hall  building  clean  and  in  order  and 
have  general  charge  and  care  of  'the  furniture  and  other  property  be¬ 
longing  to  the  City  of  Oakland,  contained  in  the  said  building,  and 


OF  THE  CITY  OF  OAKLAND,  CAL  99 

shall  perfom  such  other  duties  pertaining  to  the  care  of  the  City  Hall 
as  the  City  Council,  by  resolution,  may  from  time  to  time  require. 

Section  6.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Passed  over  veto  July  18,  1895.  Vol.  4,  p.  704.) 


ORDINANCE  No.  1727. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  FIRST  ASSISTANT 
ENGINEER  OF  THE  FIRE  DEPARTMENT  OF  THE  CITY  OF 
OAKLAND,  PRESCRIBING  THE  DUTIES,  FIXING  THE  SAL¬ 
ARY  AND  REPEALING  ANY  ORDINANCE  OR  PART  OF  AN 
ORDINANCE  IN  CONFLICT  THEREWITH. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  office  of  First  Assistant  Engineer  of  the  Fire  De¬ 
partment  of  the  City  of  Oakland  is  hereby  created  and  in  addition  to 
his  duties  as  Assistant  Engineer,  shall  hereafter  be  ex-officio  Fire 
Warden  and  exercise  the  duties  of  that  office. 

Section  2.  The  duties  appertaining  to  the  office  of  Fire  Warden 
shall  be  to  assist  in  the  enforcement  of  the  Fire  Ordinances  of  the 
City  of  Oakland;  and  for  this  purpose  the  Fire  Warden  shall  examine 
all  buildings  in  process  of  construction  or  repairs,  and  shall  examine 
flues  and  chimneys  when  applied  to  for  that  purpose  by  any  citizen, 
and  if  found  in  a  dangerous  condition  shall  cause  the  same  to  be  re¬ 
paired  or  removed  by  the  owner  of  the  building  or  premises;  he  shall 
visit  yards  and  inclosures  in  the  rear  of  buildings,  and  the  basements 
of  buildings  where  he  has  reason  to  believe  that  dangerous  or  inflam- 
able  material  is  kept  or  stored  and  shall  cause  the  same  to  be 
removed  if  dangerous  at  the  expense  of  the  owner  or  occupant  of  the 
premises.  He  shall  investigate  such  matters  as  may  be  referred  to  him 
by  the  City  Council,  making  report  to  that  body  the  result  of  such  in¬ 
vestigations.  He  shall  institute  prosecutions  by  complaint  against  all 
persons  who  shall  violate  any  ordinance  of  the  City  of  Oakland  in  re¬ 
lation  to  the  prevention  of  fires,  and  shall  perform  such  other  duties  as 
the  City  Council  may  hereafter  impose. 

[Note — See  ordinance  1995  page  82  hereof  fixing  salary.] 

Section  4.  Any  ordinance  or  part  of  an  ordinance  in  conflict  here¬ 
with  is  hereby  repealed. 


IOO 


GENERAL  MUNICIPAL  ORDINANCES 


Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 


(Approved  January  31,  1896.  Vol.  5,  p.  26.) 


ORDINANCE  No.  1668. 


AN  ORDINANCE  PROVIDING  FOR  THE  PURCHASE  OF  FURNI¬ 
TURE,  FUEL,  BOOKS,  STATIONERY  AND  OTHER  SUPPLIES 

FOR  THE  CITY  OF  OAKLAND  UPON  REQUISITIONS  AND 

REPEALING  ORDINANCE  NO.  1553,  APPROVED  JUNE  19,  1893. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  any  court,  board  or  officer  of  the  City  of 
Oakland  shall  require  furniture,  fuel,  books  or  stationery  or  other 
supplies  of  any  kind  necessary  for  the  transaction  of  public  business, 
or  for  the  maintenance  of  the  department  of  the  City  Government,  said 
courts,  board  or  officer  of  the  city  shall  make  written  requisition 
therefor  upon  a  printed  form  furnished  by  the  Auditor.  Said  requi¬ 
sition  shall  state  in  clear  and  explicit  terms  the  quantity  and  kind  of 
supplies  needed,  the  estimated  cost  thereof,  how,  when  and  where  to 
be  delivered,  and  if  contract  exists,  the  name  of  the  person,  firm  or 
corporation  under  contract  with  the  city  to  furnish  the  same. 

Section  2.  Whenever  the  cost  of  any  furniture,  fuel,  books,  stat¬ 
ionery  or  other  supplies  shall  exceed  $100.00,  the  requisition  provided 
for  in  Section  1  of  this  ordinance  shall  be  approved  by  the  City  Council. 

Whenever  the  cost  of  any  furniture,  fuel,  books,  stationery  or  other 
supplies  shall  not  exceed  $100.00  the  requisition  therefor  shall  be  ap¬ 
proved  by  at  least  two  of  the  following  named  persons,  viz.:  The 
Chairman  of  the  Auditing  and  Finance  Committee,  or  President  of  the 
Council  and  Mayor  of  the  City. 

(Amendment  approved  April  29,  1898.  Vol.  5,  p.  264.) 

Section  3.  All  claims  against  the  City  of  Oakland  for  furniture, 
fuel,  books,  stationery  or  other  supplies  presented  for  payment  shall 
have  an  approved  requisition  attached  thereto,  and  said  requisition 
shall  agree  with  the  stub  of  the  same  kept  in  the  office  of  the  court, 
board  or  office  where  the  requisition  originated  and  said  claim  shall 
not  antedate  the  requisition  authorizing  it. 

Section  4.  Ordinance  No.  1533,  passed  June  13,  1893,  and  approved 
June  19,  1893,  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  upon  its  passage  and 
approval. 

(Approved  February  23,  1895.  Vol.  4,  p.  665.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


IOI 


ORDINANCE  No.  1824. 


AN  ORDINANCE  PROVIDING  FOR  THE  ESTABLISHMENT  OF  A 

CORPORATION  YARD.  ,  '*  -  ~ 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  the  duty  of  the  Board  of  Public  Works  to 
provide  a  suitable  place  at  a  rental  not  to  exceed  Twenty  dollars  per 
month,  for  the  storage  and  repair  of  all  movable  materials  and  appar¬ 
atus  not  in  use,  belonging  to  the  City  of  Oakland,  and  for  the  safe 
keeping  of  vehicles,  harness,  horses,  implements  and  such  other  mov¬ 
able  property  in  use  by  the  several  departments  of  the  City  Govern¬ 
ment,  as  may  need  a  place  of  shelter  or  storage  outside  of  the  prem¬ 
ises  regularly  occupied  by  such  departments. 

Section  2.  The  place  of  storage  thus  provided  by  the  Board  of 
Public  Works  shall  be  designated  and  known  as  “The  Corporation  Yard 
of  the  City  of  Oakland.” 

Section  3.  Ordinance  No.  1240,  entitled  “An  Ordinance  Providing 
for  the  Establishment  of  a  Corporation  Yard,”  approved  December  8th, 
1890,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  go  into  effect  immediately  after  its 
approval. 

(Approved  August  27,  1897.  Book  5,  p.  167.) 


I 


X 


102 


GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER  II. 

ORDINANCES  RELATING  TO  MUNICIPAL  LICENSES. 


[Note  1 — An  ordinance  imposing  “an  annual  ground  rental”  upon 
telegraph  and  telephone  poles  will  be  found  in  Chapter  III.,  post,  relat¬ 
ing  to  public  streets.] 

[Note  2 — No  State  or  City  has  a  right  to  lay  a  tax  on  interstate 
commerce  in  any  form.  107  Cal.  528.] 


ORDINANCE  No.  551. 


AN  ORDINANCE  PROVIDING  FOR  THE  REGISTRATION  AND 

LICENSING  OF  DOGS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  dog  or  dogs  shall  be  permitted  to  run  at  large  in 
public  street,  place  or  grounds  within  the  City  of  Oakland  unless  the 
same  shall  be  duly  registered  as  hereinafter  specified,  and  the  tax: 
thereon  fixed  by  this  ordinance  duly  paid. 

Section  2.  The  tax  on  every  dog  in  said  City  shall  be  One  Dollar 
and  Fifty  Cents  ($1.50)  per  annum  to  be  paid  to  the  Treasurer  of  the 
City  of  Oakland. 

(Amendment  approved  August  27,  1897.  Vol.  5,  p.  164.) 

Section  3.  The  Tax  Collector  shall  procure  each  year,  or  from 
time  to  time  as  may  be  necessary,  and  at  the  expense  of  the  City,  a 
sufficient  number  of  metallic  plates  or  tags,  not  to  exceed  in  expense 
the  sum  of  twenty-five  cents  each,  numbered  consecutively  and  indi¬ 
cating  in  plain  figures  the  year  for  which  the  same  are  to  be  issued 
and  upon  the  payment  of  any  such  tax,  he  shall  enter  in  a  book  to  be 
kept  for  that  purpose  the  name  of  the  owner  and  a  description  of  the 
dog  so  registered. 

(Amendment  approved  September  30,  1891.  Vol.  3,  p.  707.) 

Section  4.  Every  registered  dog  shall  be  provided  by  the  owner 
or  possessor  thereof  with  a  suitable  collar  at  least  three-fourths  of  an. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


103 


inch  wide,  and  have  attached  thereto  the  metallic  plate  or  tag  pro¬ 
vided  for  in  Section  3  of  this  ordinance;  and  every  dog  not  registered 
found  running  or  being  at  large  in  any  public  street,  place  or  grounds 
in  said  city  shall  be  seized  by  the  Poundmaster  or  his  deputies  and 
taken  to  the  public  pound,  where  they  may  be  redeemed  by  the  owner 
or  possessor  thereof  within  three  days  on  the  payment  to  the  said 
pound-keeper  of  the  sum  of  three  dollars,  but  if  not  so  redeemed,  to  be 
then  killed  by  said  pound-keeper;  and  for  all  dogs  redeemed  as  afore¬ 
said  the  said  pound-keeper  shall  feed  the  same  one  pound  of  meat 
per  day  at  his  own  expense;  and  all  dogs  impounded  and  not  redeemed, 
and  killed  by  said  pound-keeper  as  aforesaid,  he  shall  feed  one  pound 
of  meat  per  day  at  the  expense  of  the  city  at  an  expense  not  to  exceed 
five  cents  per  day  for  each  dog. 

Section  5.  If  any  unregistered  dog  while  running  or  being  at  large 
in  any  public  street,  lane,  alley,  public  ground  or  place  in  said  city, 
bite  any  person,  it  shall  be  the  duty  of  the  Captain  of  Police  to  have 
such  dog  immediately  killed. 

Section  6.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance,  so  far  as  they  conflict  with  the  same,  are  hereby  re¬ 
pealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  July  10,  1873.  Vol.  2,  p.  289.) 


ORDINANCE  No.  1009. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  MUNICIPAL 

LICENSES. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Every  person,  firm  or  corporation  engaged  in,  carrying 
on,  pursuing  or  conducting,  within  the  limits  of  the  City  of  Oakland, 
any  business,  trade,  profession  or  employment  hereinafter  specified; 
and  any  person,  firm  or  corporation  keeping,  using  or  employing  any 
article  or  thing  for  the  keeping,  using  or  employment  of  which  a  license 
charge  is  hereinafter  provided,  shall  pay  therefor,  the  license  herein¬ 
after  named. 

( Amendment  approved  July  7,  1902.  Vol.  5,  p.  665.) 

[Penalty  for  Violating  this  Ordinance.] 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 


io4 


GENERAL  MUNICIPAL  ORDINANCES 


for  every  two  dollars  of  the  fine  so  imposed.  (Amendment  approved  No¬ 
vember  18,  1891.  Vol.  3,  p.  745.) 

Section  3.  (Repealed  by  Charter,  Secs.  40  and  41,  and  by  Ordin¬ 
ance  No.  1370.  Vol.  3,  p.  745.) 

[Auditor  to  Furnish  Blank  Licenses.] 

Section  4.  The  Auditor  shall  prepare  and  have  printed  blank 
licenses  of  all  classes  and  denominations,  dog  tags,  vehicle  and  boat 
and  basket  numbers,  for  terms  to  correspond  with  the  provisions  of 
this  or  any  subsequent  ordinance.  He  shall  have  all  licenses  and  tags 
numbered,  and  after  having  signed  the  licenses  shall  from  time  to  time 
deliver  them  to  the  Tax  Collector  in  such  quantities  as  may  be  re¬ 
quired,  taking  his  receipt  therefor  and  charging  him  therewith,  giving 
in  the  entry  the  numbers,  classes  and  amounts  therefor.  He  must 
keep  in  his  office  a  ledger  in  which  he  shall  keep  the  Tax  Collector’s 
account  of  all  licenses  delivered  to  him,  sold  or  returned  unsold  to 
him.  He  shall  at  the  close  of  each  month  demand  and  receive  from 
the  Tax  Collector  all  such  licenses,  blanks,  dog  tags,  vehicle,  boat  and 
basket  numbers  or  plates,  not  issued  and  paid  for,  and  immediately 
credit  him  therewith.  He  shall  at  the  same  time  credit  the  Tax  Col¬ 
lector  with  all  licenses,  blanks,  dog  tags,  vehicle,  boat  and  basket 
numbers  or  plates  issued  and  paid  for  during  the  month,  specifying 
their  numbers,  classes  and  values,  and  cancel  the  account  in  such  a 
manner  as  to  show  a  monthly  settlement  with  said  Tax  Collector.  He 
shall,  on  or  before  the  5th  day  of  each  month,  require  and  receive 
from  the  Tax  Collector  a  sworn  monthly  report,  showing  the  number 
and  class  of  each  license,  the  number  of  dog  tags,  boat,  vehicle  and 
basket  numbers  or  plates  on  hand  and  received  during  the  month, 
with  total  number  of  each  class  issued  during  the  month  next  pre¬ 
ceding,  and  the  amount  paid  over  to  the  City  Treasurer.  This  report, 
if  found  correct,  he  shall  immediately  file  with  the  City  Council, 

(Amendment  approved  November  18,  1891.  Vol.  3,  p.  745.) 

[Tax  Collector  to  Keep  a  Record  of  Licenses  Issued.] 

.  Section  5.  The  Tax  Collector  shall  furnish  the  report  mentioned 
in  the  preceding  section  (4),  and  shall  keep  a  record  of  all  licenses, 
dog  tags,  vehicle  and  boat  numbers  sold.  He  shall  also  keep  such 
other  books  as  may  in  his  judgment,  be  necessary,  or  as  may  be 
required  by  the  City  Council.  (Amendment  approved  November  18, 
1891.  Vol.  3,  p.  745.) 

[Licenses  to  be  Paid  in  Advance.] 

Section  6.  All  licenses  shall  be  paid  for  in  advance  in  the  legal 
currency  of  the  United  States  and  at  the  office  of  the  Tax  Collector, 
and  not  otherwise.  No  license  shall  be  issued  by  the  Tax  Collector 
on  any  other  blank  than  that  received  from  the  Auditor. 

No  greater  or  less  amounts  of  money  shall  be  charged  or  received 
for  licenses  so  issued  than  is  provided  in  this  ordinance,  and  no  license 


OF  THE  CITY  OF  OAKLAND,  CAL. 


105 


shall  be  sold  or  issued  for  any  period  of  time  other  than  is  provided  in 
this  ordinance. 

No  person  required  to  be  licensed  shall  receive  from  the  Tax  Col¬ 
lector,  his  clerk  or  assistants,  any  license,  dog'  tax,  vehicle  or  boat 
number  for  a  longer  or  shorter  period,  or  pay  therefor  any  greater  or 
less  amount  of  money  than  is  provided  in  this  ordinance.  (Amend¬ 
ment  approved  November  18,  1891.  Vol.  3,  p.  745.) 

[License  to  Be  Exhibited.] 

Section  7.  Every  person  having  a  license  under  the  provisions 
of  this  ordinance  shall  place  and  exhibit  the  same  at  all  times,  while 
in  force,  in  some  conspicuous  part  of  his  or  her  place  of  business, 
and  shall  produce  or  exhibit  the  same  when  applying  for  a  renewal 
or  when  requested  to  do  so  by  any  police  officer  or  officer  of  the  Li- 
•cense  Department. 

[Peddlers  to  Exhibit  When  Requested.] 

Section  8.  Every  peddler  while  engaged  in  peddling  shall  carry 
his  license  and  exhibit  it  when  required  by  any  license  or  police  officer. 

[License  not  Assignable.] 

Section  9.  No  license  granted  or  issued  under  any  of  the  pro¬ 
visions  of  this  ordinance  shall  be  assignable  or  transferable  without 
the  permission  of  the  Tax  Collector  indorsed  thereon;  said  assign¬ 
ment  or  transfer  must  be  recorded  upon  a  registry  kept  for  that  pur¬ 
pose.  (Amendment  approved  November  18,  1891.  Vol.  3,  p.  745.) 

[Dates  of  Licenses] 

Section  10.  All  dog  licenses  and  vehicle  licenses  shall  date  from 
the  first  of  January  or  the  first  day  of  July  of  each  year.  All  other 
licenses,  whether  monthly,  quarterly,  semi -r annually  or  annual,  required 
by  the  provisions  of  this  ordinance  shall  date  from  the  first  day  of  the 
month  in  which  the  person,  firm  or  corporation  procuring  the  same 
commences  the  business,  trade,  profession  or  employment  required  to 
be  licensed,  or  from  the  time  of  the  expiration  of  the  license  next  pre¬ 
ceding,  unless  provided  otherwise  by  this  ordinance. 

[Money  to  Be  Paid  to  the  City  Treasurer.] 

Section  11.  All  money  collected  by  the  Tax  Collector  for  licenses 
shall  be  paid  by  him  at  or  before  the  close  of  every  month,  or  at  such 
other  times  as  the  Council  may  direct,  to  the  City  Treasurer,  and  re¬ 
ceipt  taken  therefor.  (Amendment  approved  November  18,  1891. 

Vol.  3,  p.  745.) 

■  ,  « 

[When  Must  Be  Produced.] 

Section  12.  A  license  must  be  procured  from  the  Tax  Collector 
immediately  before  the  commencement  of  any  business,  trade  or  pro¬ 
fession  or  employment  required  by  this  ordinance  to  be  licensed,  and 
a  separate  license  must  be  obtained  for  each  branch  establishment  or 
separate  place  of  business,  which  license  authorizes  the  party  obtain- 


io6 


GENERAL  MUNICIPAL  ORDINANCES 


ing  it  to  carry  on,  pursue  or  conduct  only  that  business,  trade,  pro¬ 
fession  or  employment  described  in  such  license,  and  only  at  the  loca¬ 
tion  or  place  of  business  which  is  indicated  thereby.  (Amendment 
approved  November  18,  1891.  Vol.  3,  p.  745.) 

[Powers  and  Duties  of  License  Officers.] 

Section  13.  All  License  Officers,  in  the  discharge  and  performance 
of  their  official  duties,  and  all  regular  police  officers  shall  have  and 
exercise  the  power: 

First — To  make  arrests  for  the  violation  of  any  of  the  provisions 
of  this  ordinance. 

Second — To  enter  free  of  charge,  at  any  time,  any  place  of  busi¬ 
ness  for  which  a  license  is  required  and  provided,  and  to  demand  the 
exhibition  of  such  license  for  the  current  term  from  any  person,  firm 
or  corporation  engaged  or  employed  in  the  transaction  of  such  busi¬ 
ness;  and  if  such  person,  firm  or  corporation  shall  then  and  there  fail 
to  exhibit  such  license,  such  person,  firm  or  corporation  shall  be  liable 
to  the  same  penalty  as  provided  for  in  Section  2  of  this  ordinance. 

It  is  hereby  made  the  duty  of  the  License  Inspector  to  cause  com¬ 
plaints  to  be  filed  against  all  persons,  firms  or  corporations  violating 
any  of  the  provisions  of  this  ordinance.  (Amendment  approved  No¬ 
vember  18,  1891.  Vol.  3,  p.  745.) 

[Sworn  Statements  of  Receipts  to  Be  Made  to  Tax  Collector.] 

Section  14.  In  all  cases  where  the  amount  of  license  to  be  paid  by 
any  person,  firm  or  corporation  is  based  upon  the  amount  of  receipts 
of  sales  effected  or  business  transacted,  such  person,  firm  or  corpor- 
tion  shall  render  a  sworn  statement  in  writing  to  the  Tax  Collector, 
made  before  some  officer  authorized  to  administer  oaths,  of  the  total 
amount  of  receipts,  sales  made  or  business  done  by  said  person,  firm 
or  corporation  respectively  during  the  three  months  next  preceding 
the  expiration  of  the  last  license,  which  statement  shall  determine  the 
amount  for  which  such  license  shall  be  issued  or  renewed.  (Amend¬ 
ment  approved  November  18,  1891.  Vol.  3,  p  745.) 

Section  15.  If  any  person  shall  furnish  evidence  satisfactory  to 
the  Auditor  that  such  person,  by  reason  of  physical  infirmity,  un¬ 
avoidable  misfortune  or  unavoidable  poverty,  merits  exemption  from 
the  operation  of  this  ordinance,  said  Auditor  may  issue  to  such  person 
a  free  license,  upon  having  first  obtained  the  consent  in  writing  of  the 
Tax  Collector  and  Mayor  therefor.  In  each  case  it  shall  be  the  duty 
of  the  Auditor  to  investigate  the  merits  thereof  and  grant  free  license 
only  in  meritorious  cases. 

Whenever  the  Auditor  is  satisfied  that  the  receipts  for  any  exhi¬ 
bition,  concert,  lecture  or  other  entertainment  is  to  be  or  will  be 
appropriated  to  any  church,  school,  or  religious  or  benevolent  pur¬ 
pose,  within  the  City  of  Oakland,  he  may  grant,  as  of  course,  a  free 
license  for  the  same  to  the  person  or  persons  about  to  conduct  the 
same.  (Amendment  approved  June  6,  1889.  Vol.  3,  p.  339.) 


OP  THE  CITY  OF  OAKLAND,  CAL. 


107 

[Evidence  of  Not  'Procuring  License.] 

Section  16.  Upon  the  trial  of  any  criminal  action  brought  under 
or  arising  from  any  provision  or  provisions  of  this  ordinance,  the 
defendant  shall  be  deemed  not  to  have  procured  the  required  license 
unless  he  or  she  either  produces  it  or  proves  having  paid  for  it  to  the 
proper  officer. 

[Evidence  of  Liability  to  Pay  License.] 

Section  17.  In  any  action  brought  under  or  arising  out  of  any  of 
the  provisions  of  this  ordinance,  the  fact  that  a  party  represented 
himself  or  herself  as  engaged  in  any  business  or  employment  for  the 
transaction  of  which  a  license  is  by  this  ordinince  required,  or  that 
such  party  exhibited  a  sign  indicating  such  business  or  employment, 
shall  be  prima  facia  evidence  of  the  liability  of  sucn  party  to  pay  a 
license. 

[Conviction  Not  to  Exempt  from  License.] 

Section  18.  The  conviction  and  punishment  of  any  person  for 
transacting  any  business  without  a  license  shall  not  excuse  or  exempt 
such  person  from  the  payment  of  any  license  due  or  unpaid  at  the 
time  of  such  conviction. 

[Police  Officers  to  Act  as  Assistant  Inspectors  of  Licenses — Their 

Duties.] 

Section  19.  All  Police  Officers  are  hereby  appointed  Assistant 
Inspectors  of  Licenses,  and  in  addition  to  their  several  duties  as  Police 
Officers  are  hereby  required  to  examine  all  places  of  business  and 
persons  on  their  respective  beats  liable  to  pay  license,  and  to  see  that 
such  licenses  are  taken  out  and  that  no  other  business  than  the  one 
described  in  the  license  is  carried  on  or  transacted.  Said  Assistant 
Inspectors  of  licenses  shall  make  out  once  in  every  month  a  list  of 
persons,  firms,  corporations  having  no  license,  with  their  places  of 
business,  and  deliver  such  list,  carefully  and  legibly  written,  to  the 
proper  License  officer  or  Inspector,  and  also  report  to  said  License 
Officer  or  Inspector  the  names  of  all  such  doing  business  without  a 
license  immediately  upon  the  fact  coming  to  their  knowledge.  Any 
Police  Officer  failing  or  neglecting  for  more  than  thirty  days  to  report 
any  person,  firm  or  corporation  who  or  which  is  engaged  in  trans¬ 
acting  business  without  having  paid  the  required  license,  shall  be 
guilty  of  neglect  of  duty  and  be  either  suspended  from  duty  or  dis¬ 
missed  from  the  police  force.  The  Captain  of  Police  is  hereby  directed  to 
carry  into  effect  the  provisions  of  this  section. 

[Tax  Collector  to  Number  Vehicles  and  Boats.] 

Section  20.  The  Tax  Collector  shall  assign  a  separate  number  to 
each  and  every  vehicle  or  boat  for  which  he  issues  a  license,  and 
shall  furnish  a  tin  or  plate  in  duplicate  with  each  number  thereon,  for 
which  he  shall  charge  the  sum  of  one  dollar;  provided,  that  no  two 
vehicles  of  the  same  class  or  two  boats  shall  have  the  same  number. 


io8 


GENERAL  xMUNICIPAL  ORDINANCES 


Such  number  shall  be  permanent,  without  regard  to  the  ownership 
of  such  vehicle  or  boat,  and  shall  be  affixed  to  such  vehicle  or  boat 
by  the  party  obtaining  the  license,  in  the  manner  and  place  designated 
by  the  Tax  Collector;  and  no  person  shall  use  or  drive,  or  per¬ 
mit  to  be  used  or  driven,  any  vehicle  or  boat  belonging  to  him  or 
under  his  control  without  having  such  number  affixed  thereto,  and 
such  number  shall  not  be  inverted,  covered,  mutilated  or  otherwise 
rendered  obscure  or  illegible.  (Amendment  approved  November  18, 
1891.  Vol.  3,  p.  745.) 

Section  21.  Any  person  driving  or  having  control  of  any  vehicles 
on  which  a  number  is  required  to  be  placed  shall  give  the  number  of 
his  vehicle  on  the  inquiry  of  any  person.  Every  proprietor  and  every 
driver  of  any  hackney  carriage,  and  every  runner  and  soliciting  agent, 
shall,  when  soliciting  patronage  or  employment  for,  or  driving  any 
hackney  carriage,  wear  conspicuously  exposed  upon  the  outside  lapel 
of  his  coat  a  badge,  showing  in  plain  Roman  letters  and  Arabic  num¬ 
erals,  of  such  size,  form  and  color  as  may  be  designated  by  the  Tax 
Collector,  the  number  of  the  hackney  carriage  of  which  he  is  the  driver 
or  for  which  he  is  soliciting  patronage  or  employment. 

The  Tax  Collector  shall  furnish  the  badges  in  the  section  pro¬ 
vided  for,  and  shall  charge  and  collect  for  each  badge  the  sum  of  one 
dollar.  (Amendment  approved  November  18,  1891.  Vol.  3,  p.  745.) 

[Who  Are  Peddlers.] 

Section  22.  The  term  peddler  shall  include  every  person  who 
sells  or  offers  for  sale  goods,  wares  or  merchandise  on  any  street,  lane, 
alley,  sidewalk  or  public  square,  or  which  carries  from  place  to  place 
in  either  a  pack,  vehicle,  basket  or  other  conveyance,  contrivance  or 
in  any  manner  whatsoever,  and  offers  to  or  does  sell,  barter  or  ex¬ 
change  any  goods,  wares  or  merchandise  except  religious  publica¬ 
tions,  newspapers,  periodicals;  provided  that  persons  furnishing  to 
retail  dealers  having  an  established  place  of  business  in  the  City  of 
Oakland,  to  become  a  part  of  said  retailer’s  stock  in  trade  in  such 
a  place  of  business,  and  a  producer  who  directly  furnishes  and  de¬ 
livers  any  fish,  meat,  poultry,  fruit,  vegetables,  being  the  produce  of 
his  garden,  farm  or  dairy  to  any  person  in  the  City  of  Oakland,  shall 
not  be  deemed  a  peddler  within  the  meaning  of  this  ordinance.  Every 
person  who  collects,  purchases  .or  barters  for  old  junk  or  second 
hand  articles  shall  be  deemed  as  peddlers.  No  peddler,  producer  or 
growler  of  meats,  poultry,  fish,  produce,  fruits  or  vegetables  or  other 
article  of  merchandise  shall  sell  or  offer  for  sale,  barter  or  exchange 
any  of  said  articles  or  merchandise  in  or  upon  any  of  the  public  streets 
or  highways  of  the  City  of  Oakland  described  as  follows:  Bounded  on 
the  north  by  the  north  line  of  Fourteenth  street,  on  the  south  by  the 
south  line  of  Sixth  street,  on  the  east  by  the  east  line  of  Webster  street 
and  on  the  west  by  the  west  line  of  Clay  street.  (Amendment  approved 
December  11,  1897.  Vol.  5,  p.  212.) 


OF  THE  CITY  OF  OAKLAND,  CAL, 


I09 


[Who  Are  Solicitors  or  Order  Agents.] 

Section  23.  The  term  solicitor  or  order  agent  shall  include  all 
persons  who  solicit  or  take  orders  in  the  City  of  Oakland,  from  any 
person,  firm  or  corporation,  for  the  sale  or  purchase  of  any  article  or 
commodity;  provided,  that  those  soliciting  or  taking  orders  from 
retail  dealers  (and  dentists)  having  established  places  of  business  in 
the  City  of  Oakland  for  the  sale  or  purchase  of  any  article  or  com¬ 
modity  to  become  a  part  of  the  said  retail  dealers,  or  dentists,  stock  in 
trade  in  such  places  of  business,  and  established  retail  dealers  solicit¬ 
ing  or  taking  orders  from  their  regular  customers,  shall  not  be  deemed 
solicitors  or  order  agent  within  the  meaning  of  this  ordinance.  (Amend¬ 
ment  approved  December  11,  1897.  Vol.  5,  p.  214.) 

[Who  Are  Runners  or  Soliciting  Agents.] 

Section  24.  The  term  “runners”  and  “soliciting  agents”  shall 
include  all  persons  engaged  in  soliciting  or  endeavoring  to  influence 
or  secure  passengers  or  freight  for  any  boat,  vessel  or  steamboat;  or 
in  endeavoring  to  influence  or  secure  boarders,  lodgers  or  custom  for 
any  hotel,  tavern,  boarding  house,  or  lodging  house;  or  in  endeavor¬ 
ing  to  influence  or  secure  patronage  or  custom  for  any  livery  stable, 
or  for  any  hackney  carriage,  or  any  other  vehicle  other  than  the  one 
driven  by  such  runner  or  soliciting  agent. 

[Runners  to  Wear  Badges.] 

Section  25.  Every  runner  or  soliciting  agent  for  a  hotel,  lodging- 
house,  boarding  house,  tavern  or  restaurant  shall,  while  engaged  in 
his  calling,  wear  conspicuously  exposed  upon  the  outside  lapel  of  his 
coat  a  badge  showing  by  proper  designation  in  plain  Roman  letters  of 
such  size  and  color  as  to  be  readily  seen  and  read,  the  particular 
establishment  for  which  he  shall  be  employed. 

Section  26.  (Repealed  by  Ordinance  No.  1370,  Vol.  3,  p.745,  and  by 
Charter,  Section  44.) 

Section  27.  The  rates  for  licenses  shall  be  according  to  the  rates 
named  in  the  following  sections  hereof,  and  all  licenses  shall  be  issued 
for  the  same  lengths  of  time  as  those  for  wThich  the  rates  are  therein 
given,  unless  otherwise  in  this  ordinance  provided.  (Amendment  ap¬ 
proved  July  7,  1902.  Vol  5,  p.  665.) 

Section  28.  The  term  “quarter”  whenever  used  in  this  ordinance 
with  reference  to  time,  shall  be  construed  and  is  hereby  declared  to 
mean  one  quarter  of  a  year. 

[Advertising  Agent.] 

Section  29.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  street  or  steam  railroad  car  advertising  the  license  shall  be 
ten  (10)  dollars  per  quarter. 

For  every  person,  firm  or  corporation  engaged  in  the  business  of 
advertising  by  means  of  fences  and  bill  boards  or  other  structures,  used 
in  whole  or  in  part  for  advertising  purposes,  the  license  shall  be  one- 


IIO 


GENERAL  MUNICIPAL  ORDINANCES 


half  of  one  mill  per  quarter  in  advance  of  each  square  foot  of  surface 
to  be  maintained  or  used  for  advertising-  purposes  during  such  quarter, 
The  applicant  shall  deposit  with  the  Tax  Collector  before  the  issuance 
of  such  license  an  affidavit  setting  forth  the  location  of  each  fence, 
bill  board  or  other  structure,  to  be  used  for  advertising  purposes  dur¬ 
ing  the  quarter  for  which  the  license  is  sought. 

[Assayers,  etc.] 

Section  30.  For  Every  person,  firm  or  corporation  engaged  in  the 
business  of  assaying  ores  and  precious  metals,  or  of  melting  and  refin¬ 
ing  precious  metals,  the  license  shall  be  for  those  whose  receipts  are 
not  less  than  $1500  per  quarter,  $10  per  quarter;  for  those  whose  gross 
receipts  are  less  than  $1500  per  quarter,  $5  per  quarter. 

[Auctioneers.] 

Section  31.  For  auctioneers  and  all  other  persons  who  sell  any 
goods,  wares  or  merchandise  or  real  estate  at  public  auction  on  com¬ 
mission  or  otherwise,  the  license  shall  be  $50  per  annum. 

[Bankers’  License.] 

Section  32.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  banking  or  loaning  money  at  interest,  receiving  deposits  or 
buying  and  selling  gold  and  silver  coin,  currency  notes  or  bills  of  ex¬ 
change,  or  gold  or  silver  bullion,  the  license  shall  be  for  those  whose  total 
amount  of  gross  income  or  revenue  from  all  sources  is  more  than  $100,000 
per  quarter,  $60  per  quarter;  for  those  whose  total  amount  is  not 
more  than  $100,000,  and  more  than  $50,000  per  quarter,  $40  per  quarter; 
for  those  whose  total  amount  is  not  more  than  $50,000  and  more  than 
$35,000  per  quarter,  $25  per  quarter;  for  those  whose  total  amount  is 
$35,000  or  less  per  quarter,  $20  per  quarter. 

[Billiard  and  Pool  Tables.] 

Section  33.  For  every  person,  firm  or  corporation  engaged  in  the 

business  of  keeping  or  conducting  billiard,  bagatelle  or  pool  tables,  for 

each  billiard,  bagatelle  or  pool  table  not  for  private  use,  the  license  shall 
be  $4  per  quarter. 

[Bowling  Alleys.] 

Section  34.  For  each  person,  firm  or  corporation  engaged  in  the 

business  of  keeping  or  conducting  bowling  alleys,  for  each  alley  or  bed 

the  license  shall  be  $4  per  quarter. 

[Brokers’  License.] 

Section  35.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  buying  or  selling  stocks,  bonds,  State,  County,  City  stocks, 
or  stocks  of  incorporated  companies,  or  evidences  of  indebtedness  of 
private  persons  or  of  incorporated  companies,  on  commission  or  other¬ 
wise,  the  license  shall  be  for  those  whose  aggregate  amount  of  pur¬ 
chases  and  sales  is  more  than  $150,000  per  quarter,  $25  per  quarter; 
for  those  whose  aggregate  amount  of  purchases  and  sales  is  not  more 


OF  THE  CITY  OF  OAKLAND,  CAL. 


II I 


that  $150,000  per  quarter,  but  more  than  $75,000  per  quarter,  $15  per 
quarter;  for  those  whose  aggregate  amount  of  purchases  and  sales  is 
not  more  than  $75,000  per  quarter,  but  more  than  $20,000  per  quarter, 
$10  per  quarter;  for  those  whose  aggregate  amount  of  purchases  and 
sales  is  $20,000  or  less  per  quarter,  $5  per  quarter. 

[Circus,  etc.] 

Section  36.  For  exhibition  for  pay,  of  a  menagerie  or  circus,  the 
license  shall  be  $200  per  day. 

[Dance  House,  etc.] 

Section  37.  For  every  person,  firm  or  corporation  who  owns,  keeps 
or  conducts  any  public  dance  house  or  public  ball  room,  for  each 
public  dance  house  or  public  ball  room  the  license  shall  be  $10  per  day, 
or  $75  per  quarter. 

[Dogs.] 

Section  38.  For  every  dog  the  license  shall  be  $1.50  per  annum. 

[Dyers.] 

Section  39.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  or  solicits  for  any  dying  establishment  or  carries  on  the  busi¬ 
ness  of  dying,  the  license  shall  be  for  those  whose  gross  receipts  ex¬ 
ceed  $5000  per  quarter,  $10  per  quarter;  for  tfiose  whose  gross  re¬ 
ceipts  do  not  exceed  $5000  and  exceed  $3000  per  quarter,  $7  per  quarter; 
for  those  whose  gross  receipts  are  $3000  or  less  per  quarter,  $4  per 
quarter. 

[Express  Companies.] 

Section  40.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  common  carriers  in  expressing,  transmitting  or  conveying 
gold  dust,  bars,  bullion,  coin,  furniture  or  general  merchandise  from  or  to 
any  place  outside  of  the  City  of  Oakland,  the  license  shall  be  for  those 
whose  gross  receipts  are  $10,000  or  more  per  quarter,  $30  per  quarter; 
for  those  whose  gross  receipts  are  less  than  $10,000  and  not  less  than 
$5000  per  quarter,  $20  per  quarter;  for  those  whose  gross  receipts  are 
less  than  $5000  and  not  less  than  $3000  per  quarter,  $10  per  quarter; 
for  those  whose  gross  receipts  are  less  than  $3000  per  quarter  and 
not  less  than  $1500  per  quarter,  $7.50  per  quarter;  for  those  whose 
gross  receipts  are  less  than  $1500  per  quarter,  $5  per  quarter. 

[Fortune  tellers,  etc.] 

Section  41.  For  every  astrologer,  seer,  fortune  teller,  palmist,  clair- 
,  voyant,  who  demands  a  fee  for  his  or  her  services,  or  gives  an  exhi¬ 
bition  at  any  place  where  an  admission  fee  is  charged,  the  license 
shall  be  $5  a  week,  $15  a  month,  or  $30  per  quarter.  (Amendment  ap¬ 
proved  Aug.  29,  1902.  Vol.  5,  p.  684.) 

[Light  Companies.] 

Section  42.  For  every  person,  firm  or  corporation  engaged  in 
furnishing  or  supplying  to  the  residents  of  the  City  ofOakland  or  to 


1 1  2 


GENERAL  MUNICIPAL  ORDINANCES 


the  City  of  Oakland  gas  or  electricity  for  illuminating  or  heating  pur¬ 
poses,  the  license  shall  be  for  those  whose  gross  receipts  are  more 
than  $50,00  per  quarter,  $150  per  quarter;  for  those  whose  gross  recipts 
are  not  more  than  $50,000  and  more  than  $30,000  per  quarter,  $100  per 
quarter;  for  those  whose  gross  receipts  are  not  more  than  $30,000  and 
more  than  $20,000  per  quarter,  $75  per  quarter;  for  those  whose  gross 
receipts  are  not  more  than  $20,000  and  more  than  $10,000  per  quarter, 
$50  per  quarter;  for  .those  whose  gross  receipts  are  $10,000  or  less  per 
quarter,  $40  per  quarter. 

[Intelligence  Offices.] 

Section  43.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  intelligence  offices,  for  each  intelligence  office  the 
license  shall  be  $10  per  year. 

[Jacks,  etc.] 

Section  44.  For  every  person,  firm  or  corporation  who  keeps  a 
jack,  ram  of  bull  for  the  purpose  of  propagation,  for  hire  or  profit,  the 
license  shall  be  $10  per  annum. 

[Laundries.] 

Section  45.  For  owners  or  keepers  of  laundries,  or  solicitors  for 
laundry  work  or  orders,  whose  receipts  are  over  $200.00  per  quarter, 
the  license  shall  be  $l(f  per  quarter. 

[Livery  Stables] 

Section  46.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  livery  or  boarding  stables,  the  license 
shall  be  for  each  livery  or  boarding  stable  whose  gross  receipts 
amount  to  more  than  $3000  per  quarter,  $8  per  quarter;  for  those  whose 
gross  receipts  amount  to  not  more  than  $3000  per  quarter  and  more  than 
$1500  per  quarter,  $6  per  quarter;  for  those  whose  gross  receipts 
amount  to  $1500  or  less  per  quarter,  $4  per  quarter. 

[Messenger  and  Telegraph  Companies.] 

Section  47.  For  every  person,  firm  or  corporation  engaged  in  sup¬ 
plying  or  furnishing  messengers  for  the  purpose  of  errand  boys  or  en¬ 
gaged  in  the  business  of  renting  signal  boxes,  telephones,  telegraph  in¬ 
struments  or  telegraph  lines,  the  license  shall  be  for  those  whose  gross 
receipts  are  more  than  $10,000  per  quarter,  $50  per  quarter;  for  those 
whose  gross  receipts  are  not  more  than  $10,000  and  more  than  $5,000 
per  quarter,  $30.  per  quarter;  for  those  whose  gross  receipts  are  not 
more  than  $500  and  more  than  $2500  per  quarter,  $25  per  quarter;  for 
those  wrhose  gross  receipts  are  $2500  or  less  per  quarter,  $15  per  quarter. 

Provided,  that  separate  licenses  shall  not  be  required  for  each 
branch  office  of  any  telegraph  company  or  company  supplying  or  furn¬ 
ishing  messengers  transacting  business  in  the  City  of  Oakland. 

[Parks,  etc.] 

Section  48.  For  every  person,  firm  or  corporation  who  owns  or 


/ 


OF  THE  CITY  OF  OAKLAND,  CAL. 


1 13 

keeps  any  public  garden  or  park  where  an  admission  fee  is  charged  to 
such  garden  or  park,  the  license  shall  be  $5  per  day,  or  $25  per  quarter. 

[Pawn  Brokers.] 

Section  49.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  pawn-broking,  the  license  shall  be  for  those  whose  total 
amount  of  business  transacted  is  over  $2000  per  quarter,  $75  per 
quarter;  for  those  whose  total  amount  of  business  is  $2000  or  less  per 
quarter,  $50  per  quarter. 

[Peddlers.] 

Section  50.,  For  peddlers  the  license  shall  be  for  each  peddler 
engaged  in  purchasing  or  bartering  for  old  junk  or  second  hand  arti¬ 
cles,  $2.50  per  quarter;  for  each  peddler  of  candy,  confectionery,  flow¬ 
ers,  icecream  or  hokey-pokey,  $5  per  quarter;  for  each  peddler  of  meat, 
fish,  vegetables,  fruits  nuts,  game,  poultry,  groceries,  produce  or  dairy 
products  from  vehicles  or  baskets,  $15  per  quarter;  for  each  peddler  of 
any  other  articles  or  commodity,  $15  per  quarter  where  a  vehicle  drawn 
by  animal  power  is  used,  and  in  other  cases  $10  per  quarter. 

Provided,  that  each  peddler  shall  have  securely  fastened  or  at¬ 
tached  to  his  vehicle,  basket  or  pack  a  metallic  plate  or  tag  which 
shall  specify  the  quarter  for  which  said  license  sl^all  have  been  issued; 
provided,  that  the  Tax  Collector  shall  designate  the  style  and  pattern 
fastened  to  said  vehicle,  basket  or  pack,  said  tags  or  plates  shall  be 
furnished  to  the  Tax  Collector  by  the  Auditor,  and  shall  be  the  only 
license  issued  to  such  peddlers,  and  shall  date  from  the  first  day  of 
the  month  in  which  the  license  is  issued,  and  the  Tax  Collector  shall 
keep  a  register  in  which  shall  be  recorded  opposite  each  number  of  the 
license  sold  the  name  of  the  person  to  whom  the  licnse  is  issued,  his 
address  and  the  months  of  the  quarter  for  which  the  license  is  sold. 
All  license  and  police  officers  are  hereby  authorized  and  directed  to  re¬ 
move  from  any  vehicle,  basket  or  pack  any  tag  or  plate  representing' 
a  license  for  an  expired  quarter,  and  destroy  the  same. 

[Pile  Drivers.] 

Section  51.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  driving  piles,  the  license  shall  be  for  those  whose  gross 
receipts  from  such  business  are  more  than  $2500  per  quarter,  $20  per 
quarter;  for  those  whose  gross  receipts  are  not  more  than  $2500  and 
more  than  $1500  per  quarter,  $15  per  quarter;  for  those  whose  gross 
receipts  are  $1500  or  less  per  quarter,  $10  per  quarter. 

[Powder  Magazines.] 

Section  52.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  any  gunpowder,  blasting  powder  or  giant  powder  magazine,  the 
license  shall  be  $30  per  quarter.  Those  selling  any  gunpowder,  blast¬ 
ing  powder  or  giant  powder  shall  pay  an  additional  license  for  selling 
the  same,  of  $2.50  per  quarter. 


GENERAL  MUNICIPAL  ORDINANCES 


1 14 


[Race  Courses.] 

Section  53.  For  every  person,  firm  or  corporation  who  owns,  keeps 
or  conducts  any  race  course,  for  each  race  course  the  license  shall  be 
$5  per  day  or  $25  per  quarter. 

[Runners,  etc.]  * 

Section  54.  For  every  runner  or  soliciting  agent  the  license  shall 
be  $10  per  quarter. 

[Shooting  Galleries.] 

Section  55.  For  every  person,  firm  or  corporation  who  owns  or 
keeps  any  shooting  gallery,  for  each  shooting  gallery  the  license  shall 
be  $5  per  quarter. 

[Skating  Rink.] 

Section.  56.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  keeping  or  conducting  shating  rinks,  for  each  skating  rink 
the  license  shall  be  $5  per  quarter. 

[Solicitors,  etc.] 

Section  57.  For  every  solicitor  or  order  agent  soliciting  or  taking 
orders  in  the  City  of  Oakland  for  the  sale  or  purchase  of  books,  maps, 
charts  or  periodicals,  with  or  without  samples,  the  license  shall  be 
$10  per  quarter;  and  for  every  one  soliciting  or  taking  orders  for  the 
sale  or  purchase  of  any  other  article  or  commodity,  with  or  without 
sample,  the  license  shall  be  for  those  whose  total  amount  of  sales  or 
business  transacted  is  $1500  or  more  per  quarter,  $150  per  quarter;  for 
every  one  whose  total  amount  of  sales  or  business  transacted  is  less 
than  $1500  per  quarter,  $100  per  quarter. 

[Stallions.] 

Section  58.  For  every  person,  firm  or  corporation  who  keeps  a 
stallion  and  who  permits  the  same  to  be  used  for  the  purpose  of  pro¬ 
pagation,  for  hire  or  profit,  the  license  shall  be  $20  per  annum. 

[Street  Cars.] 

Section  59.  For  every  steam  railroad  passenger  car,  drawn  or 
propelled  by  a  steam  locomotive  engine,  the  license  shall  be  $20  per 
annum;  provided,  that  no  car  that  runs  and  is  drawn  or  propelled  by 
steam  which  is  operated  exclusively  upon  the  main  or  through  lines 
shall  be  construed  to  be  within  the  provisions  of  this  ordinance;  and 
provided  further,  that  cars  propelled  by  steam  passing  through  the 
limits  of  the  City  of  Oakland  upon  a  railway  line  having  a  terminus 
in  some  other  incorporated  city,  shall  be  excluded  from  the  provisions 
hereof. 

And  for  every  street  railroad  passenger  cqr  which  is  propelled  by 
means  of  a  wire  rope  or  cable  attached  to  steam  engines,  or  by  one  or 
more  horses  or  mules,  or  by  electric  motors,  the  license  shall  be  $10  per 
annum. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


115 


Said  license  to  be  paid  quarterly  011  the  first  days  of  January, 
April,  July  and  October  of  each  year  and  to  date  from  the  commence¬ 
ment  of  running  of  each  and  every  car  so  used;  provided  that  in  case 
a  car  duly  licensed  shall  be  withdrawn  for  repairs,  the  owner  or  owners 
may  substitute  another  car  in  its  place,  and  shall  receive  a  notice  from 
the  License  Inspector,  to  be  posted  in  such  substitute  car,  stating  such 
fact,  and  such  notice  shall  contain  the  number  of  each  car. 

[Street  Musicians.] 

Section  60.  For  every  street  musician  the  license  shall  be  $10  per 
quarter  or  $1  per  day. 

[Telephone  Companies,  etc.] 

Section  61.  For  every  person,  firm  or  corporation  engaged  in  the 
business  of  telegraphing,  telephoning  or  receiving  messages  by  tele¬ 
graph  or  telephone,  the  license  shall  be  for  those  whose  gross  receipts 
are  more  than  $10,000  per  quarter,  $50  per  quarter;  for  those  whose 
gross  receipts  are  not  more  than  $10,00  per  quarter  and  more  than 
$5000  per  quarter,  $35  per  quarter;  for  those  whose  gross  receipts  are 
$5000  or  less  per  quarter,  $25  per  quarter. 

[Theatres,  etc.] 

Section  62.  For  theatres,  concert  halls  and  other  places  of  enter¬ 
tainment,  except  those  specified  hereafter,  the  license  shall  be  for  those 
seating  or  accommodating  five  hundred  or  more  persons,  $5  per  day, 
$10  per  month  or  $25  per  quarter;  for  those  accommodating  less  than 
five  hundred  persons,  $3  per  day,  $8  per  month  or  $20  per  quarter. 

[Vehicles.] 

• 

Section  63  (Sub.  A.)  For  every  person,  firm  or  corporation  who 
owns  or  keeps  any  hackney  carriage,  stage,  omnibus  or  other  vehicle 
for  conveyance  of  passengers,  the  license  shall  be,  for  each  vehicle 
drawn  by  more  than  one  animal  and  having  seats  for  more  than  four 
persons,  $8.00  per  annum;  for  said  vehicles  having  seats  for  four  per¬ 
sons  or  less,  $5.00  per  annum;  for  said  vehicles  drawn  by  only  one  ani¬ 
mal,  $3.00  per  annum. 

(Sub.  B.)  For  every  wagon  or  cart  drawn  by  two  or  more  animals 
used  in  the  hauling  or  carrying  of  rock,  macadam,  dirt,  manure,  sand, 
ashes,  loam,  gravel,  $6.00  per  annum;  for  said  wagons  or  carts  drawn 
by  one  animal,  $4.00  per  annum. 

(Sub.  C.)  For  every  truck,  dray,  express  wagon,  brewery  wagon, 
or  bottle  beer  wagon  drawn  by  two  or  more  animals,  $8.00  per  annum, 
or  $5.00  per  half  year.  For  said  vehicles  drawn  by  one  animal,  $5.00  per 
annum  or  $3.00  per  half  year. 

(Sub.  D.)  Carriages  for  private  use  and  hackney  carriages  and 
other  vehicles  for  hire,  kept  in  and  rented  from  licensed  livery  stables 
only  as  part  of  the  regular  livery  of  such  stables,  shall  be  exempt  from 
the  provisions  of  this  section. 

Every  hackney  carriage  used  at  funerals  or  for  which  custom  is 


n6 


GENERAL  MUNICIPAL  ORDINANCES 


solicited,  or  which  occupies  any  place  as  a  stand,  or  is  kept  in  any 
place  on  the  streets  for  hire  shall  be  duly  licensed  and  shall  be  in¬ 
cluded  within  the  provisions  of  this  section. 

(Sub.  E.)  Provided,  that  each  vehicle  for  which  a  license  is  re¬ 
quired  shall  have  securely  fastened  or  attached  to  it  a  metallic  plate 
or  tag-,  which  shall  specify  the  particular  term  for  which  said  license 
shall  be  issued;  Provided,  that  the  Tax  Collector  shall  designate  the 
style  or  pattern  of  said  tag  or  plate  and  the  place  at  which  it  shall 
be  attached  or  fastened  to  said  vehicle;  said  tags  or  plates  shall  be 
furnished  to  the  Tax  Collector  by  the  Auditor  and  shall  be  the  only 
license  issued  to  said  vehicles  and  shall  date  from  the  first  day  of  Jan¬ 
uary  or  July  of  the  year  in  which  the  license  is  issued.  And  the  Tax 
Collector  shall  keep  a  register  in  which  shall  be  recorded  opposite  each 
number  of  the  license  sold,  the  name  of  the  person  to  whom  the  license 
is  issued,  his  address  and  the  particular  term  for  which  the  license  is- 
sold.  All  license  and  police  officers  are  hereby  authorized  and  directed 
to  remove  from  any  vehicle  any  tag  or  plate  representeing.  the  license- 
for  an  expired  term  and  destroy  the  same.  (Amendment  approved 
Sept.  11th,  1903.  Vol.  6,  p.  109.) 

[Warehouses.] 

Section  64.  For  every  person,  firm,  or  corporation  who  owns  or 
keeps  any  warehouse  used  for  the  storage  of  any  merchandise  or  goods, 
the  license  shall  for  those  whose  gross  receipts  are  more  than  $1500 
per  quarter,  $15  per  quarter;  for  those  whose  gross  receipts  are  $1500 
or  less  per  quarter,  $10  per  quarter. 

[Water  Companies] 

Section  65.  For  any  person,  firm  or  corporation  engaged  in  sup¬ 
plying  or  furnishing  water  to  the  City  of  Oakland,  or  to  the  residents 
thereof,  the  license  shall  be  for  those  whose  total  receipts  are  more 
than  $50,000  per  quarter,  $100  per  quarter;  for  those  whose  total  re¬ 
ceipts  are  not  more  than  $50,000  and  more  than  $30,000  per  quarter, 
$85  per  quarter;  for  those  whose  total  receipts  are  not  more  than  $30,000 
and  more  than  $10,000  per  quarter,  $60  per  quarter;  for  those  whose- 
total  receipts  are  not  more  than  $10,000  and  more  than  $5000  per 
quarter,  $45  per  quarter;  for  those  whose  total  receipts  are  $5000  and 
less  per  quarter,  $5  per  quarter. 

[Term  “Quarter”  Defined.] 

Section  66.  The  term  “Quarter”  whenever  used  in  this  Ordinance- 
with  reference  to  time  shall  be  construed  and  is  hereby  declared  to- 
mean  one  quarter  of  a  year. 

Section  67.  An  ordinance  entitled  “An  Ordinance  Establishing 
and  Regulating  Municipal  Licenses,”  passed  over  the  veto  of  his  Honor, 
the  Mayor,  June  30th,  1879,  and  all  amendments  thereto  and  all  ordi¬ 
nances  and  parts  of  ordinances  in  conflict  herewith,  are  hereby  re¬ 
pealed. 

Section  68.  This  Ordinance  shall  take  effect  and  be  in  force  from* 
and  after  its  approval. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


1 17 

[Note — Sections  29  to  68  inclusive  (excepting  Section  41)  amend¬ 
ments  approved  July  7,  1902.  Vol.  5,  p.  665.] 

(Original  ordinance  approved  May  20,  1887.  Vol.  3,  p.  248.) 


ORDINANCE  No.  2069. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  A  MUNI¬ 
CIPAL  LICENSE  UPON  THE  BUSINESS  OF  ADVERTISING 

BY  MEANS  OF  FENCES,  BILL-BOARDS  OR  OTHER  STRUC¬ 
TURES. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  engage  in  the  business  of  advertising 
by  means  of  fences  or  bill-boards  or  other  structures,  used  in  whole  or 
in  part  for  advertising  purposes,  without  having  paid  into  the  City 
Treasury  a  license  tax  of  one-half  of  one  mill  per  quarter,  in  ad¬ 
vance,  for  each  square  foot  of  surface  to  be  maintained  or  used  by 
him  for  advertising  purposes  during  such  quarter. 

Section  2.  Each  applicant  for  such  license  shall  deposit  with  the 
Tax  Collector  before  the  issuance  of  such  license  an  affidavit  setting 
forth  the  location  and  area  of  each  fence,  bill-board  or  other  structure 
to  be  used  for  advertising  purposes  during  the  quarter  for  which  the 
license  is  sought. 

Section  3.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  ($100.00)  dollars,  and 
in  case  such  fine  is  not  paid,  then  by  the  imprisonment  in  the  City 
Prison  at  the  rate  of  one  (1)  day  for  every  two  (2)  dollars  of  the  fine 
so  imposed  and  remaining  unpaid. 

(Approved  October  18,  1900.  Vol.  5,  p.  508.) 


ORDINANCE  No.  2203. 


-AN  ORDINANCE  ESTABLISHING  AND  REGULATING  THE  TRAF¬ 
FIC,  VENDING  AND  DISPOSING  OF  SPIRIT  OUS,  MALT, 
AND  FERMENTED  LIQUORS  OR  WINES,  OR  ANY  ADMIX¬ 
TURE  THEREOF  AND  PROVIDING  FOR  LICENSING  THE 
SAME  AND  PROVIDING  PENALTY  FOR  VIOLATIONS  OF 
PROVISIONS  OF  SAID  ORDINANCE  AND  REPEALING  ALL 
ORDINANCES  AND  PARTS  OF  ORDINANCES  IN  CONFLICT 
THEREWITH. 


1 1 8 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  he  unlawful  for  any  person, 
firm  or  corporation  to  establish,  open,  keep,  maintain  or  carry  on 
within  the  City  of  Oakland  any  saloon,  bar,  store,  dram  shop,  tippling 
place,  stand,  or  any  place  where  spirituous,  malt  or  fermented  liquors 
or  wines,  or  any  admixture  thereof,  are  sold  or  given  away;  or  for 
any  person,  firm  or  corporation  (except  as  hereinafter  provided)  to  sell 
within  the  limits  of  the  City  of  Oakland  any  spirituous,  malt  or  fer¬ 
mented  liquors  or  wines,  or  any  admixture  thereof,  without  having 
the  permission  and  license  therefor  as  in  this  ordinance  provided. 

Section  2.  Every  person,  firm  or  corporation  receiving  a  license 
under  this  ordinance  shall  place  the  same  so  that  it  shall  at  all  times 
be  conspicuous  and  easy  to  read  in  his  chief  place  of  making  sales, 
and  no  license  shall  permit  sales  by  any  person,  firm  or  corporation 
who  shall  neglect  this  requirement. 

Section  3.  No  license  issued  under  any  of  the  provisions  of  this 
ordinance  shall  be  assignable  or  transferable  without  the  consent  of 
the  Auditor  indorsed  thereon,  and  only  to  such  person,  firm  or  cor¬ 
poration  as  have  obtained  from  the  City  Council  the  permission  here¬ 
inafter  required,  and  having  filed  a  bond  as  hereinafter  provided,  and 
complied  in  all  other  respects  with  the  preliminary  requirements  of 
this  ordinance. 

Section  4.  No  person,  firm  or  corporation  shall  have  issued  to 
him  or  them  the  license  required  by  this  ordinance  unless  such  person, 
firm  or  corporation  be  of  good  moral  character,  and  first  obtain  per¬ 
mission  as  provided  herein,  by  making  application  in  writing  to  the 
City  Council  at  a  regular  meeting  thereof  for  permission  to  obtain  the 
license  herein  required,  and  shall  file  with  said  application  a  written 
recommendation  signed  by  not  less  than  five  citizens  of  the  City  of 
Oakland  occupying  or  owning  real  estate  within  one  block  from  the 
front  entrance  of  the  place  where  the  applicant  or  applicants  propose 
to  carry  on  the  said  business. 

The  application  shall  set  forth: 

First — The  name  and  residence  of  the  applicant  or  applicants,  and 
how  long  he  or  they  have  there  resided. 

Second — The  particular  place  for  which  a  license  is  desired. 

Third — The  name  of  the  owner  of  the  premises. 

Fourth — That  the  applicant  or  applicants  are  the  only  person  or 
persons  in  any  manner  interested  in  the  business  asked  to  be  licensed, 
and  that  no  other  person  shall  be  in  any  manner  interested  therein 
during  the  continuance  of  the  permission. 

Fifth — Whether  or  not  the  applicant  or  applicants  have  had  a 
permission  or  license  for  the  sale  of  liquors  in  this  city  during  any 
time  preceding  his  or  their  present  application,  revoked. 

The  recommendation  shall  set  forth: 

That  the  applicant  or  applicants  are  of  good  moral  char- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


1 19' 

acter,  and  suitable  to  conduct  such  a  place.  This  petition  must  be 
verified  by  affidavit  of  applicant  or  applicants  made  before  the  City 
Clerk  or  some  authorized  Notary  Public.  Provided,  however,  that  when 
there  are  not  five  citizens,  occupying-  or  owning  real  estate  within  a 
distance  not  exceeding  one  block,  as  provided  for  in  this  section,  the 
Council  may,  upon  recommendation  of  three  of  its  members,  grant 
such  permission. 

The  term  “block”  in  this  ordinance  shall  be  construed  as  follows: 

(a)  A  block  shall  not  exceed  300  feet  in  its  greatest  length. 

(b)  When  an  establishment  to  be  licensed  occupies  an  entire- 
square  or  block  bounded  by  four  streets,  a  block  shall  constitute  that 
frontage  of  each  of  the  four  blocks  next  adjacent  immediately  facing 
the  block  occupied  by  the  applicant  or  applicants  for  such  permission. 

(c)  Where  the  establishment  to  be  licensed  occupies  a  corner  of 
the  block  or  square  on  which  it  is  located,  then  the  term  “block” 
shall  constitute  each  of  the  two  frontages  of  the  square  or  block  thus 
occupied,  and  of  which  the  property  on  which  the  applicant  or  appli¬ 
cants  for  permission  is  located  constitutes  a  part. 

(d)  Where  the  establishment  to  be  licensed  occupies  a  part  of 
either  frontage  in  a  block  or  square,  then  the  term  “block”  shall  con¬ 
stitute  the  frontage  of  which  the  premises  thus  occupied  constitute  a 
part,  and  the  frontage  facing  the  same  in  the  block  or  square  next 
adjacent  and  on  the  opposite  side  of  the  street. 

Section  5.  No  permission  shall  be  granted  under  the  provisions 
of  this  ordinance  to  any  person,  firm  or  corporation  to  sell  such 
liquors  in  any  room  or  place  where  groceries,  drugs  or  merchandise, 
other  than  tobacco  and  cigars,  are  sold  at  wholesale  or  retail,  or  in 
any  room  or  place  having  any  opening  into  or  door  connection  with 
premises  where  groceries,  drugs  or  merchandise,  other  than  tobacco 
and  cigars,  are  sold  at  wholesale  or  retail. 

Section  6.  Such  applicant  or  applicants  shall,  at  the  time  of 
making  application  for  permission  to  obtain  a  license,  file  with  the 
City  Clerk  a  bond  in  the  penal  sum  of  one  thousand  ($1000)  dollars, 
with  two  or  more  sureties,  who  shall  each  be  a  resident  of  the  City  of 
Oakland,  and  shall  each  qualifiy  in  double  the  amount  of  the  penal 
sum  of  the  bond;  said  bond  to  be  approved  by  the  City  Council  and 
conditioned  that  the  said  applicants  shall  conduct  the  business  for 
which  the  license  is  sought  in  a  quiet,  orderly  and  reputable  manner, 
and  will  not  permit  any  breech  of  the  peace,  or  disturbance  of  the 
public  order  or  decorum,  by  any  tumultuous,  riotous  or  disorderly 
conduct  upon  the  premises,  and  shall  not  sell,  give  or  furnish  any 
intoxicating  liquor,  spirituous,  malt  or  fermented  liquor  or  wine,  or 
any  admixture  thereof,  to  any  person  in  a  state  of  intoxication,  or  to 
any  person  under  the  age  of  18  years;  and  that  said  applicant  or  appli¬ 
cants  shall  obey  and  abide  by  all  laws  and  ordinances  now  in  force 
and  which  may  be  hereafter  enacted,  regulating  the  time  of  closing 
saloons  and  places  of  business  where  spirituous,  malt  or  fermented 


120 


GENERAL  MUNICIPAL  ORDINANCES 


liquors  or  wines,  or  any  admixture  thereof,  are  sold.  Said  applica¬ 
tion  and  recommendation,  after  the  approval  of  said  bond,  shall  be 
immediately  referred  to  the  Municipal  License  Committee  for  investi¬ 
gation,  who  shall  report  the  result  thereof  to  the  Council  at  the  next 
regular  meeting  following.  If  said  report  be  in  favor  of  granting  the 
permission  of  said  applicant  or  applicants,  the  Council  may,  by  reso¬ 
lution,  grant  the  permission  applied  for,  which  permission  shall  re¬ 
main  in  force  not  more  than  one  year  from  the  date  of  the  same,  and 
be  good  only  for  the  person,  Arm  or  corporation  and  place  named 
therein,  and  shall  be  filed  with  the  Tax  Collector. 

Section  7.  The  City  Council  shall  hear  petitions  from  residents 
of  the  ward  in  which  an  applicant  or  applicants  are  desirous  of  con¬ 
ducting  such  business,  in  addition  to  that  of  the  applicant  or  appli¬ 
cants,  in  favor  of  or  remonstrating  against  the  granting  of  such  per¬ 
mission,  and  in  all  cases  shall  decide  impartially  as  to  the  necessity  or 
needlessness  of  such  permission,  for  the  accommodation,  peace  or  order 
of  the  public,  according  to  the  number,  character  and  showing  of  the 
petitioners  for  and  remonstrants  against  such  permission. 

Upon  sufficient  cause  being  shown  or  proof  furnished  to  the  said 
Council  that  any  person,  firm  or  corporation  holding  a  license  has 
violated  any  ordinance  of  the  city  relating  to  the  sale  of  liquors,  the 
City  Council  shall,  upon  notice  being  given  to  the  person,  firm  or 
corporation  so  licensed,  revoke  such  permission,  cancel  the  license  and 
declare  the  bond  forfeited. 

Section  8.  All  licenses  shall  be  paid  for  quarterly  in  advance  in 
lawful  money  of  the  United  States,  and  at  the  office  of  the  Tax  Col¬ 
lector  of  the  City  of  Oakland,  who  is  hereby  authorized,  empowered 
and  required  to  collect  all  license  taxes  provided  for  by  this  ordinance; 
and  he  shall  not  issue  the  license  herein  provided  for,  except  to  such 
person,  firm  or  corporation  as  shall  have  presented  him  the  permis¬ 
sion  of  the  City  Council  to  issue  such  license,  and  for  such  place 
named  in  the  resolution  granting  the  permission,  and  for  this  pur¬ 
pose  the  City  Clerk  shall  furnish  to  such  person,  firm  or  corporation 
to  whom  permission  may  be  granted,  a  certified  copy  of  the  resolution 
granting  such  permission,  and  such  permission  must  be  in  force  and 
unrevoked  at  the  time  of  issuing  such  license. 

Section  9.  The  keeping  of  a  disorderly  or  disreputable  house  or 
place,  or  the  selling  or  giving  of  any  spirituous,  malt  or  fermented 
liquor,  or  wine,  or  any  admixture  thereof,  to  any  intoxicated  person, 
or  to  any  minor  under  the  age  of  18  years,  or  the  violation  of  any  of 
the  provisions  of  this  ordinance  by  any  person,  firm  or  corporation 
hereby  licensed,  shall  be  deemed  a  misdemeanor,  and  on  conviction 
thereof  said  conviction  shall  work  a  revocation  and  forfeiture  of  the 
license  and  permission  obtained,  as  well  as  a  forfeiture  of  the  bond 
given  under  the  said  provisions,  and  no  license  shall  thereafter  be 
granted  to  such  person,  firm  or  corporation.  The  Council  may  at 
any  time  for  such  cause  ts  they  or  a  majority  of  them  upon  investiga¬ 
tion  deem  sufficient,  revoke  any  permission  granted  under  this  ordin- 


OP  THE  CITY  OF  OAKLAND,  CAL. 


121 


an.ce,  and  it  is  especially  ordained  and  declared  that  all  such  permis¬ 
sions,  though  granted  for  the  nominal  term  of  one  year,  are  held  at 
the  pleasure  of  the  Council. 

Section  10.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  pay  a  fine  not  exceeding  one  hundred  ($100) 
dollars,  and  in  case  such  fine  be  not  paid,  such  person  may  be  im¬ 
prisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  11.  All  License  Officers  in  the  discharge  of  their  official 
duties,  and  all  regular  Police  Officers,  shall  have  and  exercise  the  fol¬ 
lowing  powers: 

First — To  make  arrests  for  the  violation  of  any  of  the  provisions 
of  this  ordinance. 

Second — To  enter  free  of  charge  at  any  time  any  place  of  business 
for  which  a  license  is  required  and  provided,  and  to  demand  the  ex¬ 
hibition  of  such  license  for  the  current  quarter  from  any  person,  firm 
or  corporation  engaged  or  employed  in  the  transaction  of  such  busi¬ 
ness;  and  if  such  person,  firm  or  corporation  shall  then  and  there  fail 
to  exhibit  such  license,  such  person,  firm  or  corporation  shall  be  liable 
to  the  penalty  provided  for  in  section  10  of  this  ordinance;  and  it  is 
hereby  made  the  duty  of  all  Police  and  License  Officers  to  cause  com¬ 
plaints  to  be  filed  against  all  persons,  firms  or  corporations  violating 
any  of  the  provisions  of  this  ordinance. 

Section  12.  It  shall  be  the  duty  of  the  Chief  of  Police  to  make 
returns  and  file  the  same  with  the  City  Clerk  on  the  first  Monday  in 
each  month,  under  oath,  of  all  places  in  the  city  where  vinous,  spirit¬ 
uous,  malt  or  fermented  likuors  or  wines,  or  any  admixture  thereof, 
are  kept  for  sale,  or  are  sold,  stating  which  of  said  places  are  licensed 
and  which  are  unlicensed  under  this  ordinance;  and  any  failure  to 
comply  with  this  provision  shall  subject  the  Chief  of  Police  to  sus- 
pension  or  removal  from  office,  and  the  Council  may  direct  the  Board 
of  Police  and  File  .Commissioners  to  make  such  suspension  or  re¬ 
moval. 

Section  13.  It  shall  be  the  duty  of  the  Board  of  Police  and  Fire 
Commissioners  to  cause  all  places  in  the  city  where  said  liquors  are 
sold  to  be  visited  at  least  once  each  month  by  the  police,  to  ascertain 
if  any  of  the  provisions  of  this  or  any  other  city  ordinance  relating 
to  the  sale  of  liquors  has  been  violated,  and  whenever  an  officer  shall 
learn  of  any  violation  it  shall  be  his  duty  to  make  written  returns  of  the 
same  to  the  Board  of  Police  and  Fire  Commissioners,  with  the  names 
of  the  witnesses,  and  to  do  whatever  shall  be  in  his  power  to  bring 
the  offender  or  offenders  to  justice,  and  upon  any  neglect  or  refusal 
of  such  Police  Officer  to  perform  the  aforesaid  duty  the  Board  of 
Police  and  Fire  Commissioners  shall  immediately  remove  from  the 
police  force  said  officer,  and  said  removal  shall  forever  disqualify  said 
officer  from  holding  any  position  under  the  government  of  the  City  of 
Oakland. 


122 


GENERAL  MUNICIPAL  ORDINANCES 


Section  14.  The  license  tax  under  this  ordinance  shall  be  as  fol¬ 
lows: 

For  every  person,  firm  or  corporation  engaged  in  the  business  of 
selling  or  giving  away,  or  in  any  manner  furnishing,  in  any  saloon, 
bar,  stand  or  other  place  of  business,  or  in  any  public  place  in  the 
City  of  Oakland;  and  for  every  person,  firm  or  corporation  who  sells, 
or  offers  to  sell,  or  keeps  for  the  purpose  of  sale,  in  the  City  of  Oak¬ 
land,  any  spirituous,  malt  or  fermented  liquors  or  wines,  or  any  ad¬ 
mixture  therof,  One  Hundred  ($100)  dollars  per  quarter  (three  months) 
or  portion  thereof,  in  advance. 

Provided,  that  druggists  and  apothecaries  on  the  payment  of  Fif¬ 
teen  ($15.00)  dollars  per  quarter  (three  months,)  or  portion  thereof, 
in  advance,  shall  have  the  right  to  furnish  liquors  upon  the  written 
prescription  of  a  regularly  licensed  and  registered  physician,  such 
liquor  in  no  case  to  be  used  or  drank  upon  the  premises,  and  to  supply 
alcohol  or  preparations  containing  the  same  for  scientific,  mechanical, 
medical  or  medicinal  purposes.  Provided,  further,  that  no  spirituous, 
vinous  or  malt  liquors  shall  be  sold  or  furnished  more  than  once  on 
any  one  prescription  of  a  physician,  and  that  no  physician  shall  pre¬ 
scribe  any  intoxicating  liquors  as  a  beverage  to  a  person  of  known 
intemperate  habits. 

Section  15.  An  ordinance,  No.  1093,  entitled  “An  Ordinance 
Establishing  and  Regulating  the  Traffic,  Vending  and  Disposing  of  Spir¬ 
ituous,  Malt  and  Fermented  Liquors  or  Wines,  or  Any  Admixture 
Thereof,  in  the  City  of  Oakland,’’  approved  Sept.  4,  1889,  Ordinance  No. 
1545  amending  Section  6  of  Ordinance  No.  1093.  Ordinance  No.  2064 
amending  Sections  6  and  9  of  Ordinance  No.  1093,  and  all  ordinances 
and  parts  of  ordinances  in  conflict  herewith  are  hereby  repealed. 

Section  16.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

(Approved,  June  18,  1903.  Vol.  6,  p.  82.) 


ORDINANCE  No.  1369. 


AN  ORDINANCE  CONCERNING  THE  NUMBERING  AND  LIGHT¬ 
ING  OF  VEHICLES  AND  BOATS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  vehicle  or  boat,  which  by  the  provisions  of  any 
ordinance  of  the  City  of  Oakland  is  required  to  be  licensed,  shall  have 
a  number. 

Such  number  shall  be  designated  by  the  Tax  Collector  and  fur¬ 
nished  to  him  by  the  Auditor,  and  shall  be  permanent  without  regard 
to  the  ownership  of  the  vehicle  or  boat. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


123 


No  two  vehicles  of  the  same  class  shall  have  the  same  number. 

The  Tax  Collector,  upon'  designating-  the  number  of  a  vehicle  or 
boat  shall  furnish  the  owner  thereof  with  two  metal  plates  with  such 
numbers  printed  or  embossed  thereon  in  plain  Arabic  figures,  not 
less  than  one  inch  and  a  half  in  height  and  of  proportionate  width. 

Any  number  of  a  vehicle  or  boat  for  which  a  license  remains 
unpaid  on  the  books  of  the  office  of  the  Tax  Collector  for  the  space  of 
twelve  months  may  be  deemed  void  by  the  Tax  Collector  and  a  new 
number  designated,  for  which  one  dollar  shall  be  paid  in  addition  to 
the  license. 

Section  2.  It  shall  be  unlawful  for  any  driver  of  a  hackney 
carriage  to  use,  or  attempt  to  use  or  drive  said  hackney  carriage  on 
any  public  street  of  the  City  of  Oakland  at  night  without  first  pro¬ 
viding  said  carriage  with  lamps,  and  said  lamps  must  be  kept  lighted 
at  all  times  when  said  carriage  is  in  use. 

Section  3.  The  number  designated  for  any  vehicle  or  boat  shall 
be  placed  thereon  in  two  places,  either  by  tacking  thereupon  the  metal 
plates  furnished  by  the  Tax  Collector,  or  by  painting  such  number 
upon  the  vehicle  or  boat  in  plain  Arabic  figures,  not  less  than  one  inch 
and  a  half  in  height  and  of  proportionate  width,  and  of  such  a  color 
as  to  be  readily  seen  and  distinguished. 

The  numbers  of  vehicles  shall  be  placed  as  follows:  On  each  end 
of  the  driver’s  seat  of  each  omnibus,  of  each  truck,  of  each  wagon  with 
a  body. 

On  both  sides  of  each  dray,  on  the  side  rail  forward  of  the  wheel, 
or  on  the  shaft,  between  one  and  four  inches  forward  of  the  platform. 

On  both  sides  of  each  wagon  without  a  body,  on  each  end  of  the 
rear  side  of  the  bolster  of  the  hind  axle,  as  near  the  wheels  as  practi¬ 
cable. 

On  both  sides  of  each  cart,  near  the  forward  end  and  not  on  the 

side  board. 

Every  vehicle  which,  by  this  ordinance,  is  required  to  carry  lamps, 
shall  have  its  number  in  plain  figures,  at  least  two  inches  in  length, 
painted  with  black  paint  upon  each  of  said  lamps,  in  such  a  manner 
that  the  same  can  be  distinctly  seen  and  known  when  such  vehicle  may 
be  standing  or  in  motion. 

The  number  of  each  boat  shall  be  placed  on  both  sides  thereof, 
within  two  feet  of  the  bow,  on  the  outside  immediately  below  the  gun- 
wale.  Provided,  when  numbers  are  painted  on  vehicles  and  boats  as 
provided  in  this  section,  that  both  the  metalic  numbers  furnished  by  the 
Tax  collector  must  be  fastened  and  secured  to  some  part  of  the  vehicle 
or  boat,  and  must  be  shown  to  any  person  or  persons  on  demand. 

(See  Ordinance  No.  935,  Cec.  8,  post.) 

Section  4.  No  person  shall  use  or  drive,  or  permit  to  be  used  cr 
driven,  any  vehicle  or  boat  belonging  to  him  or  under  his  control, 
which,  by  any  of  the  provisions  of  this  ordinance,  is  required  to  be 
numbered,  without  having  the  appropriate  number  thereof,  and  no 
other,  placed  thereupon  in  the  manner  and  place  provided  in  Section  3 


1  - 


124 


GENERAL  MUNICIPAL  ORDINANCES 


of  this  ordinance,  nor  with  such  number  inverted,  covered,  mutilaled, 
obliterated  or  obscurely  painted  or  illegible. 

Section  5.  Any  person  driving'  or  having  control  of  any  vehicle 
on  which  the  number  is  required  to  be  placed,  shall  give  the  number  of 
his  vehicle  or  boat  on  demand  of  any  person. 

Section  6.  Every  driver  of  a  hackney  carriage  shall  at  all  times 
keep  conspicuously  posted  within  the  carriage  of  which  he  may  have 
charge,  in  such  position  as  to  be  easily  read,  the  number  of  such 
carriage. 

Section  7.  At  the  time  of  designating  and  furnishing  the  number 
of  a  vehicle  or  boat,  the  Tax  Collector  shall  collect  from  the  owner 
thereof,  in  addition  to  the  license  required,  the  sum  of  one  ($1.00) 
dollar  for  each  number. 

No  person  shall  use  any  other  number  on  any  vehicle  boat  than 
the  one  assigned  to  him  from  the  office  of  the  Tax  Collector. 

'  Transfer  of  any  number  shall  not  be  made  without  the  consent 
of  the  Tax  Collector,  who  shall  make  a  record  of  said  transfer  on  the 
books  in  his  office. 

Section  8.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars,  and  in  case  the  fine  be  not  paid,  then  the  person  so 
fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at 
the  rate  of  one  day  for  each  two  dollars  of  the  fine  imposed. 

Section  9.  All  ordinances  and  parts  of  ordinances,  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  10.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  November  17,  1891.  Vol.  3,  p.  741.) 


ORDINANCE  No.  1480. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  A  MUNI¬ 
CIPAL  LICENSE  FOR  THE  BUSINESS  OF  CONDUCTING 
WHARVES  AND  COLLECTING  WHARFAGE  AND  DOCKAGE 
AT  ANY  WHARF  IN  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  person,  firm  or  corporation  engaged  in  the  City 
of  Oakland  in  the  business  of  conducting  a  wharf  or  of  collecting- 
wharfage  or  dockage  at  any  wharf  in  said  city,  shall  pay  a  license 
ther.efor  at  the  office  of  the  License  Collector  at  the  City  Hall  in  said 


.OF  THE  CITY  OF  OAKLAND,-  CAL. 


•125 


city,  quarterly  in  advance,  on  the  1st  day  of  January,  April,  July  and 
October  of  each  year,  the  sum  of  twenty-five  ($25)  dollars  in  lawful 
money  of  the  United  States. 

Section  2.  Any  person  who  shall  violate  any  provision  of  this 
ordinance  shall.be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic¬ 
tion  thereof,  shall  pay  a  fine  in  a  sum  not  to  exceed  one  hundred 
dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  or  persons 
so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland, 
at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  December  16,  1892.  Vol.  4,  p.  337.) 


ORDINANCE  No.  2105. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING  MUNI¬ 
CIPAL  LICENSES  FOR  THE  ERECTION,  EXHIBITING,  USE 
OR  MAINTENANCE  OF  BUSINESS  SIGNS  WITHIN  THE  COR¬ 
PORATE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  person,  firm  or  corporation  engaged  in  the  pur¬ 
suit  of  or  conducting  any  business,  trade,  profession  or  employment  of 
whatever  kind  or  nature,  who  shall  erect,  letter,  paint,  post,  maintain, 
exhibit  or  other  wise  use  any  sign  or  signs,  posted,  painted,  printed,  or 
attached  to  or  upon  any  building  or  buildings,  or  upon  any  door  or 
window  of  any  building  or  buildings  within  the  corporate  limits  of 
said  City  of  Oakland,  shall  pay  therefor,  in  advance,  a  license  fee  of 
three  (3)  dollars  per  annum  to  said  City  of  Oakland. 

Section  2.  Any  person,  firm  or  corporation  who  shall  place  or 
maintain  upon  any  sidewalk  in  said  City  of  Oakland,  any  sign,  bulletin 
board,  or  any  structure  whatever  for  advertising  purposes,  shall  pay 
therefor,  in  advance,  a  license  fee  of  five  (5)  dollars  perannum  to  said 
City  of  Oakland.  Provided,  that  in  case  any  sign,  structure  or  bulletin 
board  so  placed  shall  belong  to  and  be  used  by  any  person,  firm  or 
corporation  occupying  the  building,  or  any  part  thereof,  in  front  of 
which  said  sign  or  advertising  structure  may  be  placed,  and  using  any 
sign  or  advertising  structure  in  or  upon  said  building  or  buildings,  upon 
■which  a  license  fee  has  been  paid,  as  provided  in  Section  1  of  this 
ordinance,  then  there  shall  be  paid  only  the  sum  of  two  (2)  dollars 
for  said  sidewalk  sign  license  fee. 

Section  3.  All  street  signs  or  bulletin  boards  shall  be  placed  on  the 
roadway  side  of  the  sidewalk  not  more  than  twelve  (12)  inches  from 


126- 


GENERAL  MUNICIPAL  ORDINANCES 


the  curb,  or  outer  edge  of  the  sidewalk;  and  said  signs  or  bulletin 
boards  shall  not  occupy  a  space  on  the  sidewalk  of  more  than  two  (2) 
feet  square  for  each  sign. 

Section  4.  No  license  fee  granted  under  the  provisions  of  this 
ordinance  shall  be  issued  for  a  less  period  than  one  year. 

Section  5.  This  ordinance  shall  in  no  wise  be  construed  to  con¬ 
flict  with  or  effect  any  ordinance  now  in  force  licensing  or  regulating 
bill  posting  or  bill  posters. 

Section  6.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  ten 
nor  more  than  twenty  dollars,  and  in  case  said  fine  be  not  paid,  said 
person  or  persons  so  fined  shall  be  imprisoned  in  the  City  Prison  of  the 
said  City  of  Oakland,  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  so  imposed. 

Section  7.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  the  date  of  its  approval. 

(Approved  Sept.  23,  1901.  Arol.  5,  p.  583.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


127 


CHAPTER  III. 

ORDINANCES  RELATING  TO  PUBLIC  STREETS. 


ORDINANCE  No.  837. 


AN  ORDINANCE  ADOPTING  A  GENERAL  PLAN  OF  STREETS! 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  the  plan  of  streets  herewith  presented,  prepared 
by  W.  F.  Boardman,  City  Engineer,  be  and  is  hereby  adopted  as  the 
general  plan  of  streets  for  the  City  of  Oakland. 

Section  2.  The  City  Engineer  is  hereby  directed  to  prepare  a  map 
of  the  same  upon  a  scale  of  two  hundred  feet  to  one  inch,  upon  which 
said  map  shall  be  plainly  indicated  the  name  and  width  of  each  street, 
the  number  and  size  of  each  block,  the  position  of  all  homesteads  and 
location  of  all  plazas  and  public  grounds,  together  with  the  location 
of  all  grounds  that  have  been  dedicated  for  street  or  other  public  uses 
and  position  of  all  public  buildings,  and  report  the  same  at  the  earliest 
moment  to  the  Council  for  ratification  and  adoption  as  the  official  map 
of  the  City  of  Oakland. 

(Approved  November  20,  1868.  Vol.  1,  p.  342.) 

(For  prior  ordinances  see  Vol.  1,  pp.  134  and  168.) 


ORDINANCE  No.  1890. 


AN  ORDINANCE  AMENDING  SECTION  ONE  OF  ORDINANCE  NO. 
1786,  ENTITLED  “AN  ORDINANCE  CHANGING  THE  NAME  OF 
CERTAIN  STREETS  AND  PORTIONS  OF  STREETS  IN  THE 
CITY  OF  OAKLAND,”  APPROVED  FEBRUARY  9th,  1897. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  Section  1  of  Ordinance  No.  1786,  entitled  “An 
Ordinance  Changing  the  Names  of  Certain  Streets  and  Portions  of 


128 


GENERAL  MUNICIPAL  ORDINANCES 


Streets  in  the  City  of  Oakland,”  approved  February  9,  1897,  be  amended 
to  read  as  follows:  Section  1.  The  names  of  the  following  several 
streets  and  portions  of  streets  within  the  City  of  Oakland  are  re¬ 
spectively  changed  as  follows: 

Summit  street  between  Hawley  street  and  Walsworth  avenue, 
changed  to  Yosemite  street. 

Pearl  street  between  Bay  place  and  Ruby  street,  changed  to  Val¬ 
dez  street. 

Webster  street .  from  Broadway  to  northerly  city  line,  changed  to 
Piedmont  avenue. 

Lake  avenue  between  Perry  street  and  Cottage  street,  changed  to 
Pleasant  Valley  avenue. 

Commerce  street  throughout,  changed  to  Fourteenth  avenue. 

Laurel  street  between  Telegraph  avenue  and  Broadway,  changed 
to  Twenty-fifth  street. 

Jones  street  between  San  Pablo  and  Telegraph  avenues,  and  Wal¬ 
nut  street  between  Telegraph  avenue  and  Lake  Merritt,  changed  to 
Twenty-first  street. 

Knox  place  between  Grove  street  and  Telegraph  avenue,  changed 
to  TwTenty-seventh  street. 

Albion  street  and  Merrimac  place  between  Webster  and  Grove 
streets,  changed  to  Twenty-eighth  street. 

Caledonia  and  Prospect  avenues  between  Grove  street  and  Wals¬ 
worth  avenue,  changed  to  Twenty-ninth  street. 

Bernie  street  between  Telegraph  avenue  and  Franklin  street 
changed  to  Seventeenth  street. 

Oak  street  between  Peralta  and  Excelsior  avenues,  changed  to 
East  Oak  street. 

Pine  street  between  Peralta  and  Excelsior  avenue  changed  to 
Capell  street. 

Mound  street  between  Thirteenth  avenue  and  Clinton  street, 
changed  to  Hopkins  street. 

Excelsior  street  between  Fourth  and  Clinton  avenues,  changed  to 
Clinton  street. 

Silver  avenue  between  Fourth  and  Ninth  avenues,  changed  to  East 
Twenty- eighth  street. 

Lincoln  street  between  Thirteenth  avenue  and  east  City  line, 
changed  to  East  Lincoln  street. 

Lake  street  between  Brooklyn  and  Prospect  avenues,  changed  to 
East  Lake  street. 

Central  avenue  between  East  Twenty-fourth  street  and  Silver 
avenue,  changed  to  Eighth  avenue. 

Columbia  street  between  Fourth  and  Ninth  avenues,  changed  to 
East  Twenty-fifth  street. 

Valdez  street  between  Livingston  and  Ford  streets,  changed  to 
East  Valdez  street. 

William  street  between  Peralta  and  Bay  streets,  changed  to  Fifth 
street. 


OF  THE  CITY  OF  OAKLAND.  CAL. 


129 


Elm  street  between  San  Pablo  and  Oakland  avenues,  changed  to 
Twenty-fourth  street. 

Plymouth  avenue  east  of  Telegraph  avenue,  changed  to  Thirty- 

fourth  street. 

Bay  place  between  Telegraph  avenue  and  Broadway,  changed  to 

Twenty-sixth  street. 

Wallace  street  between  San  Pablo  avenue  and  Grove  street, 
changed  to  Twenty-eighth  street. 

Campbell  street  between  San  Pablo  avenue  and  Grove  street, 
changed  to  Thirtieth  street. 

Nolan  street  between  San  Pablo  and  Telegraph  avenues,  changed 

to  Thirty-third  street. 

Charter  street  throughout,  changed  to  Twenty-second  street. 

Alden  street  between  San  Pablo  avenue  and  Grove  street, 
changed  to  Twenty-ninth  street. 

Delger  street  between  San  Pablo  avenue  and  Lake  Merritt,  changed 
to  Twentieth  street. 

Brown  street  between  San  Pablo  and  Telegraph  avenues,  changed 
to  Thirty-fourth  street. 

Durant  street  east  of  Telegraph  avenue,  changed  to  Nineteenth 

street. 

Walton  street  between  San  Pablo  and  Telegraph  avenues,  changed 
to  Thirty-fifth  street. 

Park  street  between  San  Pablo  avenue  and  Grove  street,  changed 
to  Twenty- seventh  street. 

Locust  street  or  Simpson  avenue  between  San  Pablo  avenue  and 
Telegraph  avenue,  to  be  known' as  Twenty-third  street. 

Logan  street  between  Market  street  and  Telegraph  avenue,  changed 

to  Thirty-sixth  street. 

Summit  street  west  of  Union  street,  East  Oakland,  changed  to  East 

Summit  street. 

Frederick  street  from  San  Pablo  to  Telegraph  avenues,  changed 
to  Nineteenth  street. 

Lee  street  between  the  junction  of  Vernon  street  and  Bay  place, 
changed  to  Vernon  street. 

Oakland  avenue  between  Orange  street  and  Adam's  street,  changed 

to  Perkins  street. 

Curve  street  between  Grove  street  and  San  Pablo  avenue,  changed 
to  Nineteenth  street. 

That  the  extension  of  Fairmount  avenue  between  Moss  avenue 
and  the  northerly  city  line  be  chanbed  to  Fairmount  avenue. 

That  Fairmount  avenue  between  Prospect  avenue  and  Summit 
Street  produced  westerly  to  an  intersection  therewith,  be  changed  to 
Hawley  street. 

Santa  Clara  avenue  between  Vernon  street  and  the  northern  city 

line,  changed  to  Moss  avenue. 

Moss  avenue  between  Fairmount  avenue  and  Lake  avenue,  changed 
to  Santa  Clara  avenue. 


1 


130  GENERAL  MUNICIPAL  ORDINANCES 

Morrison  place  between  Oakland  avenue  and  Orange  street, 
changed  to  Pearl  street. 

Grand  avenue  between  Webster  street  and  Lake  Merritt,  changed 
to  Boulevard  Terrace. 

Section  2.  This  ordinance  shall  take  effect  from  its  approval. 
(Approved  March  23,  1898.  Vol.  5,  p.  254.) 


ORDINANCE  No.  1997. 


AN  ORDINANCE  CHANGING  THE  NAMES  OF  CERTAIN  STREETS 

IN  THAT  PORTION  OF  THE  CITY  OF  OAKLAND  ANNEXED 

THERETO  PURSUANT  TO  AN  ELECTION  HELD  JUNE  10, 

1897;  ALSO  CERTAIN  STREETS  IN  EAST  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  names  of  certain  streets  and  portions  of  streets, 
hereinafter  mentioned,  situated  within  that  portion  of  the  City  of  Oak¬ 
land  annexed  thereto  pursuant  to  an  election  held  June  10,  1897;  also 
certain  streets  in  East  Oakland;  are  hereby  changed  as  follows: 

Grant  street,  between  Telegraph  avenue  and  Gold  street,  changed 
to  Thirty-seventh  street. 

Moss  avenue  between  Telegraph  avenue  and  Cemetery  creek, 
changed  to  West  Moss  avenue,  and  east  of  Cemetery  Creek  changed  to 
East  Moss  avenue. 

Weston  avenue,  between  Telegraph  avenue  and  Broadway,  changed 
to  Thirty-eighth  street. 

Amethyst  street  between  Broadway  and  Piedmont  avenue,  changed 
to  Fortieth  street. 

Booth  street  between  Broadway  and  Piedmont  avenue,  changed  to 
Forty-first  street. 

Erie  street  from  Telegraph  avenue  easterly  throughout,  changed 
to  Forty- second  street. 

Minna  street  from  Telegraph  avenue  easterly  throughout,  changed 
to  Forty-third  street. 

Cleveland  street  from  Telegraph  avenue  easterly  throughout, 
changed  to  Forty-fourth  street. 

Linden  street  between  Telegraph  avenue  and  Broadway  changed 
to  Forty-fifth  street. 

Temescal  street,  between  Telegraph  avenue  and  Liberty  street, 
changed  to  Forty-eighth  street. 

Columbus  avenue  or  Birch  street  between  Telegraph  avenue  and 
Broadway,  changed  to  Forty-ninth  street. 


OF  THE  CITY  OF  OAKLAND.  CAI 


13 1 


Vernon  sti’eet  between  Broadway  and  Second  street,'  changed  to 
Fifty- first  street. 

Ventura  street  between  West  street  and  Telegraph  avenue, 
changed  to  Fifty-first  street. 

Vernon  avenue,  between  Telegraph  avenue  and  Maple  street, 
changed  to  Fifty-first  street. 

Alpine  street  between  Linden  street  and  Grove  street,  changed  to 
Fifty-second  street. 

Morgan  street  between  Telegraph  avenue  and  Grove  street,  changed 
to  Fifty-second  street. 

Plumas  street  between  Adeline  street  and  Shattuck  avenue, 

changed  to  Fifty-third  street. 

Mattie  avenue  between  Adeline  street  and  San  Pablo  avenue, 

changed  to  Fifty- third  street. 

Sonoma  street  between  Adeline  street  and  Shattuck  avenue, 
changed  to  Fifty-fourth  street. 

Central  avenue  between  Adeline  street  and  San  Pablo  avenue, 

changed  to  Fifty-fourth  street. 

Shasta  street  between  Adeline  street  and  Shattuck  avenue, 

changed  to  Fifty-fifth  street. 

Hancock  street,  between  Vincent  street  and  Shattuck  avenue, 
changed  to  Fifty-fifth  street. 

Parsons  street,  between  Adeline  street  and  San  Pablo  avenue, 
changed  to  Fifty-fifth  street. 

Villa  street  between  City  Limits  and  San  Pablo  avenue,  changed 
to  Fifty-fifth  street. 

Sutter  street  between  San  Pablo  avenue  and  Shattuck  avenue, 
changed  to  Fifty-sixth  street. 

Garfield  street  between  Telegraph  avenue  and  Shattuck  avenue, 
changed  to  Fifty-sixth  street. 

Sutter  street  between  Telegraph  avenue  and  Claremont  avenue, 
changed  to  Fifty- sixth  street. 

Menlo  street  between  San  Pablo  avenue  and  Dover  street,  changed 
to  Fifty-seventh  street. 

Mono  avenue  between  Telegraph  avenue  and  Dover  street,  changed 
to  Fifty-seventh  street. 

Merced  avenue  between  Telegraph  avenue  and  Dover  street, 
changed  to  Fifty-eighth  street. 

Stanley  street  between  Adeline  street  and  Dover  street,  changed 
to  Fifty-eighth  street. 

Neil  street,  between  San  Pablo  avenue  and  Park  street,  changed  to 
Fifty-eighth  street. 

Buena  Vista  avenue  from  Park  street  easterly  throughout,  changed 
to  Fifty-eighth  street. 

Maple  street  between  Telegraph  avenue  and  Hermann  street, 
changed  to  Fifty-eighth  street. 

Cherry  street  between  Telegraph  avenue  and  Spring  street,  changed 
to  Fifty-ninth  street. 


132 


GENERAL  MUNICIPAL  ORDINANCES 


Mariposa  avenue  between  Racine  street  and  Dover  street,  changed 
to  Fifty-ninth  street. 

Mariposa  street  between  Stanford  avenue  and  Dover  street  changed 
to  Fifty-ninth  street. 

Klinkner  avenue  between  San  Pablo  avenue  and  Stanford  avenue, 
changed  to  Fifty-ninth  street. 

Folsom  street  between  San  Pablo  avenue  and  City  Limits,  changed 
to  Fifty-ninth  street. 

Hersey  street,  between  Moulton  street  and  Spring  street,  changed 
to  Sixtieth  street. 

Thorn  street,  between  Racine  street  and  Spring  street,  changed  to 
Sixtieth  street. 

Benton  street,  between  Shattuck  avenue  and  Stanford  avenue, 
changed  to  Sixtieth  street. 

Butler  avenue  between  San  Pablo  avenue  and  Stanford  avenue, 
changed  to  Sixtieth  street. 

Thompson  street  between  Moulton  street  and  Colby  street, 
changed  to  Sixty-first  street. 

Lily  street  between  Racine  street  and  Colby  street,  changed  to 
.Sixty-first  street. 

McKee  street  from  Dover  street  produced  westerly  throughout, 
changed  to  Sixty-first  street. 

Golden  Gate  avenue  from  San  Pablo  avenue  easterly  throughout, 
changed  to  Sixty-first  street. 

Doyle  avenue,  between  San  Pablo  avenue  and  the  City  Limits, 
changed  to  Sixty-first  street. 

Morris  street  between  Colby  street  and  College  avenue,  changed 
to  Sixty-second  street. 

Colusa  street  between  Colby  street  and  Racine  street,  changed  to 
Sixty-second  street. 

Todd  street  from  Baker  street  easterly  to  City  Limits,  changed  to 
Sixty-second  street. 

Crawford  street  between  Baker  street  and  San  Pablo  avenue, 
changed  to  Sixty-second  street. 

Snyder  avenue  from  San  Pablo  avenue  westerly  to  City  Limits, 
changed  to  Sixty-second  street. 

Bonton  avenue  from  San  Pablo  avenue  westerly  to  City  Limits, 
changed  to  Sixty- third  street. 

Felton  street  from  San  Pablo  avenue  easterly  to  City  Limits, 
changed  to  Sixty- third  street. 

Felton  street  between  Shattuck  avenue  and  Racine  street,  changed 
to  Sixty-third  street. 

Joy  street,  between  Colby  street  and  Racine  street,  changed  to 
Sixty-third  street. 

Sharon  street,  from  Colby  street  easterly  to  City  Limits,  changed 
to  Sixty-third  street. 

Landregan  avenue  from  San  Pablo  avenue  westerly  to  City  Limits, 
changed  to  Sixty-fourth  street. 

Dalton  avenue  throughout  changed  to  Sixty-fifth  street. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


133 


Handy  street  from  Adeline  street  easterly  to  City  Limits,  changed 
to  Sixty-fifth  street. 

Harmon  street  ‘from  Dana  street  easterly  to  City  Limits,  changed 

to  Sixty-fifth  street. 

' 

Fair  view  street  throughout  changed  to  Sixty-sixth  street. 

Hallett  avenue  from  San  Pablo  avenue  westerly  to  City  Limits, 
changed  to  Sixty-sixth  street. 

Blackstone  street  from  San  Pablo  avenue  easterly  to  City  Limits, 
changed  to  Sixty-sixth  street. 

Union  avenue  from  San  Pablo  avenue  westerly  to  City  Limits, 
changed  to  Sixty-seventh  street. 

Elizabeth  street  from  San  Pablo  avenue  easterly  to  City  Limits, 
changed  to  Sixty-seventh  street. 

Tenth  street  between  Villa  street  and  Dalton  avenue,  changed  to 
Vallejo  street. 

Eleventh  street  between  Villa  street  and  Snyder  avenue,  changed 
to  Fremont  street. 

Twelfth  street  from  Villa  street  northerly  throughout,  changed  to 
Marshall  street. 

Old  County  Roarcl  or  Sherman  street  from  Twenty-third  avenue 
easterly,  changed  to  Talcott  avenue. 

Summit  street,  between  John  street  and  Mather  street,  changed  to 
View  street. 

Diamond  street  from  Columbus  avenue,  or  Birch  street  northerly 

I  throughout,  changed  to  Desmond  street. 

First  avenue,  between  Summer  street  and  College  avenue,  changed 
to  Miles  avenue. 

..  Vernon  avenue  between  Maple  street  and  Summer  street*,  changed 
to  Miles  avenue. 

Second  avenue  between  Vernon  street  and  College  avenue,  changed 
to  Shatter  avenue. 

Third  avenue  between  Vernon  street  and  College  avenue,  changed 
to  Lawton  avenue. 

Fourth  avenue,  between  Vernon  street  and  College  avenue,  changed 
to  Manila  avenue. 

Liberty  street  between  Linden  street  and  Vernon  street,  changed 
to  Lawton  avenue. 

Beckwith  street  between  Linden  street  and  Vernon  street,  changed 
to  Manila  avenue. 

Second  street  between  Temescal  street  and  Vernon  street,  changed 
to  Shatter  avenue. 

Spring  street  between  Perry  street  and  Van  Buren  avenue,  changed 
to  Van  Buren  avenue. 

Winter  street  between  Perry  street  and  Santa  Clara  avenue, 
changed  to  Van  Buren  avenue. 

Vernon  avenue  from  Claremont  avenue  easterly  throughout, 
•changed  to  Fifty-ninth  street. 

Oak  avenue  between  Piedmont  avenue  and  Glen  avenue,  changed  to 
Eleth  avenue. 


134 


GENERAL  MUNICIPAL  ORDINANCES 


Clinton  avenue  from  Fourth  avenue  northeasterly  throughout, 
changed  to  Alma  avenue. 

Lincoln  avenue  between  Fourth  avenue  and  Howard  street, 
changed  to  McKinley  avenue. 

Union  street  between  Commerce  street  and  Hopkins  street, 
changed  to  Spring  street. 

Lewis  street  between  Hopkins  street  and  White  street,  changed  to 
Lowell  street. 

Prospect  street  between  Thirteenth  avenue  and  Fourth  avenue, 
changed  to  Cambridge  street. 

Section  2.  All  ordinances  and  parts  of  ordinances  conflicting  here¬ 
with  are  hereby  repealed. 

.  Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  1,  1899.  Vol.  5,  p.  401.) 


ORDINANCE  No.  1508. 


AN  ORDINANCE  ACCEPTING  THE  DEDICATIONS,  AND  OFFERS 
DEDICATION,  HERETOFORE  MADE  OF  LAND  FOR  PUB¬ 
LIC  STREET  PURPOSES,  NOW  WITHIN  THE  CITY  OF 
OAKLAND;  DECLARING  THE  NECESSITY  OF  THE  SAME 
FOR  THE  PUBLIC  TRAVEL  AND  USE,  AND  DIRECTING  THE 
REMOVAL  OF  ALL  OBSTRUCTIONS  THEREFROM. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  dedications,  and  all  offers  of  dedication,  hereto¬ 
fore  made  of  land  for  public  street  purposes,  now  within  the  City  of 
Oakland,  are  hereby  accepted,  and  the  lands  to  which  reference  is 
made  in  such  dedications,  and  in  such  offers  of  dedication,  are  hereby 
declared  to  be  public  streets,  and  necessary  for  the  public  travel  and 
use. 

The  Board  of  Public  Works  is  hereby  authorized  and  directed  to 
cause  the  removal  of  all  obstructions  from  the  lands  to  which  the 
foregoing  acceptance  refers. 

Section  2.  This  ordinance  shall  take  effect  from  and  after  its  pas¬ 
sage  and  approval. 

(Approved  June  2,  1898.  Vol.  5,  p.  278.) 

[Note — An  ordinance  such  as  the  foregoing  should  be  frequently 
adopted  by  the  City.  See  83  Cal.  623,  and  120  Cal.  54.] 


OF  THE  CITY  OF  OAKLAND,  CAL. 


13S 


ORDINANCE  No.  1975. 


AN  ORDINANCE  RESCINDING  A  PORTION  OF  AN  ORDINANCE 

ENTITLED  “AN  ORDINANCE  DECLARING  THE  STREETS  IN 

THE  TOWN  OF  OAKLAND,  PUBLIC  HIGHWAYS,”  PASSED 

AUGUST  27,  1853,  AND  ABANDONING  A  PORTION  OF 

CERTAIN  STREETS  AS  DESCRIBED  AND  DESIGNATED  ON 

A  CERTAIN  MAP  KNOWN  AND  DESIGNATED  AS  “KELLERS- 

BERGER'S  MAP  OF  OAKLAND.” 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  so  much  of  the  Ordinance  of  the  Town  of  Oak¬ 
land  entitled  “An  Ordinance  Declaring  the  Streets  in  the  Town  of  Oak¬ 
land  Public  Highways,”  passed  and  adopted  August  27,  1853,  as  pur¬ 
ports  or  attempts  to  declare  and  define  streets  laid  out  and  delineated 
and  designated  upon  “Kellersberger’s  Map  of  Oakland,”  and  lying 
within  the  following  territory,  and  lots  and  blocks  as  laid  down  and 
delineated  by  “Boardman’s  Map  of  Oakland  and  Vicinity,”  to- wit: 
Beginning  at  the  point  of  intersection  of  the  western  line  of  Filbert 
street  and  the  southern  line  of  First  street,  running  thence  northerly 
along  said  line  of  Filbert  street  to  the  southerly  line  of  Seventh  street; 
thence  easterly  along  said  line  of  Seventh  street  to  the  westerly  line 
of  Market  street;  thence  southerly  along  said  line  of  Market  street  to 
the  southerly  line  of  First  street;  thence  westerly  along  said  line  of 
first  street  to  the  place  of  beginning,  be  and  the  same  is  hereby  re¬ 
scinded,  and  all  streets  shown  upon  said  Kellersberger’s  map  within- 
the  above  described  territory  are  hereby  relinquished  and  abandoned 
forever  as  streets  and  public  highways. 

Section  2.  This  ordinance  shall  take  effect  from  its  approval. 

(Approved  March  23,  1899.  Vol.  5,  p.  364.) 


ORDINANCE  No.  1961. 


AN  ORDINANCE  RESCINDING  A  PORTION  OF  AN  ORDINANCE 
ENTITLED  “AN  ORDINANCE  DECLARING  THE  STREETS  IN 
THE  TOWN  OF  OAKLAND  PUBLIC  HIGHWAYS,”  PASSED 
ANGUST  27,  1853,  AND  ABANDONING  A  PORTION  OF  FIRST 
STREET  AS  DESCRIBED  AND  DESIGNATED  ON  A  CERTAIN 
MAP  KNOWN  AND  DESIGNATED  AS  “KELLERSBERGER’S 
MAP  OF  THE  CITY  OF  OAKLAND.” 


i36 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  so  much  of  the  Ordinance  of  the  Town  of  Oak¬ 
land,  entitled  “An  Ordinance  Declaring  the  Streets  in  the  Town  of 
Oakland  Public  Highways,”  passed  and  adopted  August  27,  1853,  as 
purports  and  attempts  to  declare  the  portion  of  First  street  lying 
south  of  Block  103,  as  lai^.  down  and  described  on  “Kellersberger’s 
Map  of  Oakland,”  and  within  what  is  now  known  and  designated  as 
Block  441,  as  laid  down  and  designated  in  “Boardman’s  Map  of  Oakland 
and  Vicinity,”  be  and  the  same  is  hereby  rescinded,  and  so  much  of 
said  First  street  as  the  same  is  shown  and  delineated  on  said  “Kellers¬ 
berger’s  Map  of  the  City  of  Oakland,”  as  lying  within  what  is  now 
known  and  designated  as  Block  441,  as  shown  and  designated  on  said 
“Boardman’s  Map  of  the  City  of  Oakland  and  Vicinity,”  be  and  the 
same  hereby  is  declared  never  to  have  been  opened  or  used  as  a  public- 
street  and  the  same  is  now  forever  abandoned  and  relinquished  as  a. 
public  street  and  highway. 

Section  2.  This  ordinance  shall  take  effect  from  its  approval. 

(Approved  January  31,  1899.  Vol.  5,  p.  345.) 


ORDINANCE  No.  367. 


AN  ORDINANCE  ESTABLISHING  STREET  LINES  WITHIN  THE 

CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  The  lines  of  streets  within  the  City  of  Oakland,  and 
situated  easterly  of  Market  street  and  southerly  of  and  including 
Fourteenth  street,  are  hereby  established  in  accordance  with  the  fol- 
1  owing  table.  The  first  column  gives  the  names  of  the  streets;  the 
second  and  third  the  distance  in  feet  and  inches  to  be  measured  east 
or  west,  north  or  south,  as  the  case  may  be,  from  the  line  of  monu¬ 
ments  to  the  line  of  the  street;  and  the  fourth  column  gives  -width  in 
feet  and  inches  of  the  street  as  hereby  established. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


137 


Names  of  Streets 

Meas¬ 
ured 
West. 
Ft. In. 

Meas¬ 
ured 
East. 
Ft. In. 

Wi’dth. 

1 

Names  of 
Streets. 

Meas¬ 
ured 
South. 
Ft. In. 

Meas¬ 
ured 
North. 
Ft. In. 

Wi’dth 

West  . 

40 

37 

77 

South  Front. .  . . 

150 

Brush . 

43 

37  6 

80  6 

Water . 

80 

Castro . 

42  6 

38 

80  6 

First  . 

40 

39 

79 

Grove . 

42 

38  6 

80  6 

Second  . 

41 

39  6 

80  6 

Jefferson . 

41  6 

39 

80  6 

Third . 

40  6 

40 

80  6 

Clay . 

41 

39  6 

80  6 

Fourth . 

•  1 

40 

40 

80 

Washington  . . 

40  6 

40 

80  6 

Fifth . 

40 

40 

80 

Broadway . 

55 

55 

110 

Sixth . 

40 

40 

80 

Franklin  . 

40 

40  6 

80  6 

Seventh  . 

40 

40  9 

80  9 

Webster . 

39  6 

40  1 

80  6 

Eighth  . 

39  3 

41 

80  3 

Harrison . 

39 

41  8 

80  8 

Ninth  . 

39 

|  38 

77 

Alice . 

38  4 

42  8 

81 

Tenth . 

42 

38  9 

80  9 

-Jackson . 

37  4 

43  6 

80  10 

• 

Eleventh . 

41  3 

39 

80  3 

Julia . 

36  6 

43  8 

80  2 

Twelfth . 

41 

39 

80 

Oak . 

36  4 

43  10 

80  2 

Thirteenth  .  .  . . 

41 

39 

80 

Fallon . 

36  2 

43  10 

80 

Fourteenth  ... 

l"' 

39 

80 

Sec.  2.  All  ordinances  or  parts  of  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on  and 
after  its  approval. 

(Approved  February  7,  1870.  Vol.  1,  p.  394.) 


ORDINANCE  No.  2028. 


AN  ORDINANCE  AUTHORIZING  THE  USE  OF  CERTAIN  LAND  FOR 
THE  PURPOSE  OF  ERECTING  AND  MAINTAINING  THERON 
A  BUILDING  OR  BUILDINGS  FOR  THE  OAKLAND  FREE 
PUBLIC  LIBRARY  AND  READING  ROOMS;  AND  ALSO  AU¬ 
THORIZING  AND  DIRECTING*  THE  BOARD  OF  LIBRARY 
TRUSTEES  OF  SAID  LIBRARY  TO  ERECT,  EQUIP  AND  MAIN¬ 
TAIN  THEREON  SUCH  BUILDINGS  AS  MAY  BE  NECESSARY 
FOR  SUCH  LIBRARY  AND  READING  ROOMS,  THE  COST 
THEREOF  TO  BE  PAYABLE  FROM  THE  “LIBRARY  FUND.” 


133 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  use  of  the  whole  of  that  certain  land  belonging-  to* 
the  City,  situate  at  the  southwesterly  corner  of  Grove  and  Fourteenth 
streets,  is  hereby  authorized  for  the  purpose  of  erecting  and  main¬ 
taining  thereon  a  building  or  buildings  for  a  free  public  library,  and 
for  reading  rooms. 

Sec.  2.  The  Board  of  Library  Trustees  of  the  Oakland  Free  Pub¬ 
lic  Library  is  hereby  authorized  and  directed  to  erect,  equip  and 
maintain  upon  said  land  such  building  or  buildings  as  may  be  neces¬ 
sary  for  such  library  and  reading  rooms,  and  the  consent  and  approval 
made  necessary  by  the  law  in  that  connection  is  hereby  given. 

Sec.  3.  All  moneys  expended  by  virtue  of  the  authority  granted 
by  this  ordinance’  shall  be  payable  from  the  “Library  Fund”  of  the 
proper  fiscal  year. 

Sec.  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  March  6,  1900.  Vol.  5,  p.  443.) 

% 


ORDINANCE  No.  403. 


AN  ORDINANCE  PROHIBITING  CERTAIN  ENCROACHMENTS 

ON  STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

\ 

Section  1.  No  person  shall  maintain  or  construct  or  place,  or  cause 
to  be  constructed,  or  placed,  on  premises  belonging  to  him,  or  in  his 
possession,  or  under  his  control,  any  building  or  fence  which  shall 
extend  over  the  line  of  the  street;  provided,  that  windows  of  the  first 
story,  porches,  columns,  posts  and  doorsteps  may  extend  over  the 
line  of  the  street  not  more  than  one  foot,  and  the  bay  windows  of  the 
second  story  may  extend  over  the  line  of  the  street  not  more  than  three 
feet. 

[Note — See  Section  20  of  Ordinance  No.  450.] 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance  . 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed.  (Amendment  approved 
October  1,  1891.  Vol.  3,  p.  722.) 

(Approved  November  18,  1870.  Vol.  1,  p.  449.) 

(See  also  Ordinance  No.  450,  Sec.  20,  post.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


139 


ORDINANCE  No.  450. 


AN  ORDINANCE  TO  REGULATE  STREETS,  SIDEWALKS  AND 

PUBLIC  GROUNDS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  shall  throw  or  deposit,  or  permit  to  be 
thrown  or  deposited,  any  dirt,  paper,  filth,  sweepings  of  any  store, 
house,  shop,  or  office,  or  any  ashes,  shavings,  filthy  water,  offal,  straw, 
wood,  stones,  earth,  manure,  refuse  matter,  or  rubbish  of  any  kind 
whatever,  into  any  street,  lane,  alley  or  public  ground  or  places  used 
as  street,  lane,  alley  or  public  ground.  The  person  or  persons  hav¬ 
ing  control  of  premises  from  which  any  of  the  aforesaid  articles  shall 
be  or  may  have  been  thrown  or  deposited  in  any  street,  lane,  alley  or 
public  ground,  or  places  used  as  such  aforesaid,  shall  remove  the  same 
therefrom  within  four  hours  after  receiving  knowledge  thereof.  • 

Sec.  2.  (Repealed  by  Ordinance  No.  1220.  Approved  October  30, 
1890.  Vol.  3,  p.  532.) 

(Sections  3,  4  and  5,  Repealed  by  Ordinance  No.  1375.  Approved 
November  23,  1891.  Vol.  3,  p.  762.) 

Sec.  6.  No  person  shall  suffer  any  carriage,  wagon,  or  cart  without 
horses  or  other  beasts  of  burden  attached  to  remain  or  stand  in  any 
street,  lane,  alley  or  public  ground  for  more  than  one  hour. 

Sec.  7.  (Repealed  by  Ordinance  No.  1375.  Approved  November 

23,  1891.  Vol.  3.  p.  762.) 

Sec.  8.  (Repealed  by  Ordinance  No.  1051.  Approved  September 
8,  1888.  Vol.  3,  p.  301.) 

Sec.  9.  No  person  shall  drive  any  horse  or  carriage  or  vehicle 
of  any  kind  through  any  civic,  military  or  funeral  procession. 

Sec..  10.  When  any  street  or  public  place  is  crowded  with  teams, 
wagons,  street  cars  or  other  vehicles  through  which  any  civic,  military 
or  funeral  procession  is  passing  every  person  having  charge  of  any 
horse,  team,  wagon,  street  car  or  other  vehicle  shall  obey  all  orders 
for  the  removal  of  the  same  which  may  be  given  by  the  Chief  of  Police 
or  any  policeman.  (Amendment  approved  November  23,  1891.  Vol.  3, 
p  762.) 

Sec.  11.  (Repealed  by  Ordinance  No.  1051.  Approved  September 
8.  1888.  Vol.  3,  p.  301.) 

Sec.  12.  No  person  shall  clean,  scale  or  wash  any  fish,  meat, 
clothes,  carriage,  buggy  or  other  thing  tending  to  create  a  nuisance 
on  any  of  the  streets,  lanes,  alleys  or  public  grounds  of  said  city. 

Sec.  13.  Whenever  any  person  or  persons,  whether  contractor  or 
proprietor,  shall  engage  in  the  erection  or  repairing  of  any  building, 
or  other  structure  whatever,  within  said  city,  and  shall  cause  or  per- 


140 


GENERAL  MUNICIPAL  ORDINANCES 


mit  any  building  material,  rubbish,  or  other  thing  to  be  placed  on  any 
public  street,  lane,  alley  or  sidewalk,  or  other  place  in  said  city,  where 
persons  pass  or  repass;  and  whenever  any  person  or  persons,  who  shall 
be  engaged  in  constructing  any  sewer,  or  laying  any  gas,  water  or 
other  pipe,  or  conducting  in  or  through  any  of  the  streets,  lanes,  alleys, 
highways,  sidewalks  or  other  places  in  said  city,  where  persons  pass 
and  repass,  whether  by  appointment  of  the  city  or  its  agents,  or  as 
contractor,  it  shall  be  the  duty  of  all  such  persons  to  protect  with  a 
sufficient  number  of  lights  the  materials,  rubbish,  goods,  wares  and 
merchandise,  heaps,  piles,  excavations  or  other  thing  so  caused  or  per¬ 
mitted  by  them  to  be  or  remain  in  or  at  any  of  the  places  above  men¬ 
tioned  and  in  such  manner  as  to  enable  the  same  to  be  distinctly 
seen  by  all  passers  by,  and  to  continue  such  lights  from  dusk  until 
daylight  during  every  night  which  any  obstruction  of  the  above  men¬ 
tioned  description  are  allowed  to  remain  in  or  at  such  places;  and 
every  person  who  shall  neglect  the  duty  imposed  by  this  section  shall, 
in  addition  to  the  penalty  imposed  by  this  ordinance,  be  liable  for  all 
damages  to  persons  and  property  growing  out  of  such  neglect. 

Sec.  14.  No  person  driving,  or  having  charge  of  a  cab,  cart,  coach, 
dray,  wagon,  street  car,  or  other  vehicle,  or  riding  or  leading  a  horse, 
or  other  animal,  shall  stop  or  stand  on  any  crosswalk  so  as  to  obstruct 
the  passage  of  the  same. 

Sec.  15.  No  person  shall  fly  a  kite,  or  play  any  game  of  ball  on 
any  street,  lane  or  alley  of  said  city. 

Sec.  16.  No  person  shall  pile,  deposit  or  place,  or  cause  or  permit 
to  be  deposited,  piled  or  placed,  any  rubbish,  wood  coal,  merchandise, 
dirt  or  any  impediment  or  obstruction  of  any  kind  upon  or  over  any 
sidewalk,  nor  so  occupy  or  obstruct  any  sidewalk  as  to  interfere  with 
the  convenient  use  of  the  same  by  all  passengers. 

Sec.  17.  (Repealed  by  Ordinance  No.  1047.  Approved  July  10, 
1888.  Vol.  3,  p.  292.) 

Sec.  18.  (Repealed  by  Ordinance  No.  1375.  Approved  November 
23,  1891.  Vol.  3,  p.  762.) 

Sec.  19.  No  person  shall  push,  draw,  back  or  drive  any  horse, 
cart,  wagon  or  other  vehicle  over,  upon  or  along  any  sidewalk,  unless  it 
be  to  go  into  or  out  of  a  yard  or  lot. 

Sec.  20.  No  person  shall  build  or  suffer  to  remain  any  bow 
or  other  window  projecting  into  the  sidewalk  more  than  fifteen  inches; 
nor  any  porch,  stoop,  steps  area  or  platform  projecting  into  the  side¬ 
walk  more  than  four  feet,  or  any  cellar  door  projecting  more  than  five 
feet  into  any  sidewalk;  and  no  person  shall  erect  any  balcony,  bow  or 
other  window,  nor  any  porch,  stoop,  steps,  area,  platform  or  cellar 
door  projecting  into  the  sidewalk,  except  by  permission  of  the  City 
Council;  nor  shall  such  permission  be  so  construed  as  to  give  such 
person  any  ownership  in  the  sidewalk  so  occupied. 

Sec.  21.  Every  person  shall  keep  around  every  area  between  the 
building  and  sidewalk,  and  on  both  sides  of  every  flight  of  stairs  de- 


OP  THE  CITY  OP  OAKLAND,  CAL.  r4i 

scending  from  the  sidewalk  to  the  basemest  owned  or  occupied  by  him 
a  fence  or  railing  at  least  three  feet  high. 

Sec.  22.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars, 
and,  in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be  impris¬ 
oned  in  the  City  Prison  until  said  fine  is  satisfied  at  the  rate  of  one 
day’s  imprisonment  for  every  two  dollars  of  the  fine  imposed.  (Amend¬ 
ment  approved  June  17,  1878.  Vol.  2,  p.  646.) 

Sec.  23.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Sec.  24.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  March  15,  1872.  Vol.  2,  p.  4.) 


ORDINANCE  No.  655. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OP  STREETS 

AND  SIDEWALKS  IN  THE  CITY  OP  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Whenever  the  free  passage  of  any  street  or  sidewalk 
shall  be  obstructed  by  a  crowd  (except  on  occasion  of  public  meet¬ 
ings)  the  persons  composing  such  crowd  shall  disperse  or  move  on 
when  directed  to  do  so  by  a  Police  Officer.  Any  persons  who  refuse 
to  disperse  or  move  on  when  directed  so  to  do  by  a  Police  Officer,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  dollars,  and  in  case  the  fine 
be  not  paid,  the  person  fined  shall  be  imprisoned  in  the  City  Prison  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  passage. 

(Approved  January  6,  1876.  Vol.  2,  p.  444.) 


ORDINANCE  No.  715. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF  SIDE¬ 
WALKS  IN  THE  CITY  OP  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  place 


142 


GENERAL  MUNICIPAL  ORDINANCES 


or  set  out  for  exhibition  or  maintain  or  allow  any  goods,  wares  or 
merchandise  on  the  sidewalk  in  front  of  his  place  of  business,  between 
the  outer  edge  of  the  sidewalk  and  a  line  eighteen  (18)  inches  from 
and  in  front  of  the  building  in  which  said  business  is  carried  on.  And 
no  goods,  wares  or  merchandise  shall  be  placed  or  allowed  to  remain 
on  the  sidewalk  between  the  gutter  or  outer  edge  of  the  sidewalk  and 
a  line  eighteen  inches  from  the  front  of  the  store  or  building  in  front 
of  which  said  goods  are  placed;  provided,  however  that  any  person, 
while  receiving  or  delivering  goods,  wares  or  merchandise  may  permit 
the  same  to  remain  on  the  sidewalk  for  the  period  of  one  hour,  be¬ 
tween  the  gutter  and  a  line  drawn  parallel  therewith,  four  feet  from 
the  gutter  in  front  of  his  store  or  building;  and  further  provided,  that 
nothing  in  this  ordinance  contained  shall  apply  to  the  temporary  exhi¬ 
bition  of  merchandise,  placed  and  removed  each  day,  upon  any  street 
other  than  Broadway,  in  front  of  any  licensed  place  of  business  where 
the  sidewalk  is  kept  continuously  clean  and  free  from  all  obstructions 
for  a  space  in  the  center,  at  least  eight  feet  wide,  and  running  the  entire 
length  of  such  sidewalk.  (Amendment  passed  over  Mayor’s  veto,  Aug. 
16,  1886.  Vol.  3,  p.  210.) 

Sec.  2.  It  is  hereby  declared  unlawful  for  any  person  to  place 
or  set  out  for  exhibition  any  goods,  wares  or  merchandise  on  the 
sidewalk  in  front  of  a  bay  window  which  extends  or  projects  eighteen 
inches  from  the  front  of  the  building  over  or  upon  the  sidewalk;  and 
no  goods,  wares  or  merchandise  shall  be  placed  or  allowed  to  remain 
on  the  sidewalk  in  front  of  a  bay  window  which  extends  over  or  into 
the  sidewalk  eighteen  inches  from  the  building  in  which  said  bay  win- 
do  is  constructed. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  the  sum  of  one  hundred  ($100)  dol¬ 
lars,  and  in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be  im¬ 
prisoned  in  the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars 
of  the  fine  imposed. 

Sec.  4.  All  ordinances  or  parts  of  ordinances  so  far  as  they  con¬ 
flict  with  this  ordinance  are  hereby  repealed. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  approval. 

(Approved  March  10,  1877.  Vol  2,  p.  529.) 


ORDINANCE  No.  730. 


AN  ORDINANCE  TO  PREVENT  THE  DRIVING  OF  CATTLE 
THROUGH  THE  STREETS,  AND  TO  PREVENT  GOATS  FROM 
RUNNING  AT  LARGE  IN  ANY  STREET  OR  UNINCLOSED  LOT 
WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAKLAND. 


OP  THE  CITY  OF  OAKLAND,  CAL. 


143 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  allow 
any  goat  to  run  at  large  in  any  street  or  upon  any  uninclosed  lot 
within  the  limits  of  the  City  of  Oakland;  and  any  goat  staked  or  tied 
by  any  person  upon  any  uninclosed  lot  within  said  limits  shall  be  tied 
•or  staked  and  securely  fastened  with  a  chain. 

Sec.  2.  It  is  hereby  declared  unlawful  for  any  person,  firm  or 
•corporation  to  drive  or  cause  to  be  driven  any  cattle  through  any 
street  of  the  City  of  Oakland,  at  any  time,  without  the  written  consent 
of  the  Mayor.  The  Mayor,  upon  application,  shall  grant  in  writing  a 
permit,  stating  name  of  applicant,  time  of  day  and  name  of  street 
or  streets  over  which  applicant  may  drive  or  cause  to  be  driven  any 
-cattle. 

(Amendment  approved  December  11,  1897.  Vol.  5,  p.  215.) 

Sec.  3.  This  ordinance  is  not  intended  to  change  the  provisions 
•of  an  ordinance  entitled  “An  ordinance  to  Create  the  Office  of  Pound- 
master,  to  Define  His  Duties,  and  to  Prevent  Certain  Animals  from 
Running  at  Large  within  the  City  of  Oakland,”  approved  November 
23,  1874. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemenaor,  and  upon  conviction 
thereof,  shall  be  fined  not  exceeding  one  hundred  dollars,  and  in  case 
the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned  in  the 
City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  imposed. 

Sec.  5.  This  ordinance  shall  take  effect  immediately. 

(Approved  June  11,  1877.  Vol.  2,  p.  551.) 


ORDINANCE  No.  935. 


AN  ORDINANCE  REGULATING  THEI  USE  AND  STANDING  OF 
VEHICLES  ON  THE  PUBLIC  STREETS  IN  THE  CITY  OF  OAK¬ 
LAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Every  vehicle  drawn  by  horse  power  and  attended  by 
the  owner  thereof,  or  by  a  driver  furnished  by  such  owner,  which 
said  vehicle  shall  be  used  in  this  city  for  the  conveyance  of  persons 
by  land,  from  place  to  place,  shall  be  deemed  a  hackney  carriage  within 
the  meaning  of  this  ordinance. 

Sec.  2.  Whenever  several  hackney  carriages  attend  at  any  place 
for  or  with  passengers,  the  Captain  of  Police,  or  any  person  or  per- 


144 


GENERAL  MUNICIPAL  ORDINANCES 


sons  by  him  authorized,  may  give  directions  respecting  the  standing 
of  such  carriages,  while  waiting  for,  taking  up  or  putting  down  their 
passengers,  and  the  route  they  shall  go  when  leaving  any  place  of 
entertainment,  and  if  the  owner,  driver  or  other  person  having  the  care 
of  such  carriage  shall  refuse  to  obey  any  such  order  or  direction  of  the 
Captain  of  Police,  or  any  person  or  persons  by  him  authorized,  such  re¬ 
fusal  shall  be  deemed  a  violation  of  these  provisions  of  this  section. 

Sec.  3.  Hackney  carriages  may  stand  while  waiting  for  employ¬ 
ment,  at  all  times,  at  the  stands  designated  in  Section  4  of  this  ordi¬ 
nance,  and  at  such  other  place  or  places  as  the  Mayor  may  from  time 
to  time  designate;  provided,  however,  that  such  carriages  shall  not 
stand  at  any  place  or  places  other  than  those  specified  in  Section  4 
hereof,  if  objected  to  by  the  owner  or  occupant  of  the  building  or 
property  in  front  of  which  they  may  desire  to  stand. 

Sec.  4.  The  following  shall  be  the  stands  for  hackney  carriages, 
to-wit: 

Around  any  of  of  the  public  squares. 

Around  the  City  Hall  block. 

At  the  railroad  station  at  the  corner  of  Market  and  First  streets. 

Sec.  5.  No  person  having  charge  of  a  hackney  carriage  shall 
allow  the  same  to  stand  within  ten  (10)  feet  of  any  street  crossing, 
nor  at  a  greater  distance  than  twTo  feet  from  the  outer  edge  of  any 
sidewalk. 

Sec.  6.  It  is  hereby  declared  unlawful  for  any  person  having 
charge  or  control  of  a  hackney  carriage,  to  stand  the  same,  while 
waiting  for  business,  upon  any  portion  of  Seventh  street,  between  the 
westerly  line  of  Washington  street  and  the  westerly  line  of  Broadway 
street  in  the  City  of  Oakland,  or  to  solicit  business  for  such  hackney 
carriage  while  the  same  is  on  said  Seventh  street  between  said  points. 

Sec.  7.  It  is  hereby  declared  unlawful  for  any  hackney  carriage 
or  job  wagon  to  be  driven  along  Seventh  street,  between  the  westerly 
line  of  Washington  street  and  the  westerly  line  of  Broadway  in  the 
City  of  Oakland,  when  the  steam  cars  are  approaching  the  railroad  de¬ 
pot,  between  said  Washington  and  Broadway  streets,  and  are  within 
one  block  of  said  depot,  or  while  the  train  is  stopping  at  said  depot 
for  passengers  to  get  on  or  off  the  cars. 

Sec.  8.  Every  hackney  carriage  or  'other  vehicle  drawn  by  a 
horse  or  horses,  and  used  or  to  be  used  for  the  transportation  of  pas¬ 
sengers,  shall  have  on  each  side  of  the  driver’s  seat  a  lamp  with  a 
glass  front  and  side,  which  lamp  shall  be  properly  lighted  at  all  times 
when  such  vehicle  is  in  use  after  dark.  At  all  times  when  such  vehicle 
is  in  use  it  shall  have  plainly  painted  on  the  outside  glass  of  each 
of  its  lamps,  in  figures  not  less  than  1 V2  inches  in  height,  its  respective 
number,  furnished  by  the  Tax  Collector.  (Amendment  approved  No¬ 
vember  23,  1891.  Vol.  3,  p.  763.)  (See  also  Ordinance  No.  1369,  Sec, 
3,  ante.) 

Sec.  9.  Any  driver  of  a  hackney  carriage  who  shall  be  thrice 


OF  THE  CITY  OF  OAKLAND,  CAL. 


T45 


convicted  of  a  breach  of  any  of  the  provisions  of  this  ordinance  shall 
be  deprived  of  his  license  and  may  be  debarred  from  obtaining  an¬ 
other. 

Sec.  10.  Every  vehicle  which  shall  be  used  for  the  conveyance 
of  goods,  packages  or  freight  from  place  to  place  in  this  city  for  hire, 
except  hand-carts,  and  except  also  the  vehicles  used  by  merchants, 
dealers  and  manufacturers  evclusively  for  the  delivery  of  their  wares 
to  customers,  shall  be  deemed  a  job  wagon  within  the  meaning  of  this 
ordinance. 

Sec.  11.  No  person  having  the  charge  or  control  of  a  job  wagon 
shall  be  allowed  under  any  circumstances  to  occupy  as  a  stand  for 
the  same  any  portion  of  Seventh  street  between  the  westerly  line  of 
Washington  street  and  the  westerly  line  of  Broadway  street  in  the 
City  of  Oakland,  and  such  person  shall  not  be  allowed  to  occupy  as 
a  stand  for  such  job  wagon  any  portion  of  any  street  in  front  of  any 
building  in  the  City  of  Oakland  when  the  owner  or  occupant  of  such 
building  shall  object  thereto. 

Sec.  12.  It  shall  be  unlawful  for  the  owner  or  driver,  or  any 
person  having  control  of  any  omnibus  or  railroad  car,  or  of  any  hack,, 
cart  or  any  vehicle  whatsoever,  or  of  any  horse  or  animal  what¬ 
soever,  to  allow,  permit  or  suffer  the  said  omnibus  or  said  car,  hack  or 
vehicle,  or  said  horse  or  animal,  to  be  or  remain  in  such  a  manner  as 
to  obstruct  the  crossing  of  any  public  street  from  one  sidewalk  to 
another  in  the  City  of  Oakland  for  any  period  of  time  whatever. 

Sec.  13.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  or  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  one  hundred  dollars,  and  in  case 
the  fine  be  not  paid,  then  the  person  or  persons  so  fined  may  be  im¬ 
prisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  im¬ 
posed. 

Sec.  14.  An  ordinance  entitled  “An  Ordinance  Regulating  the 
Use  of  Vehicles  on  the  Public  Streets,”  which  said  ordinance  was 
approved  October  7,  1872,  and  an  ordinance  entitled  “An  Ordinance 
Supplemental  to  an  Ordinance  entitled  ‘An  Ordinance  Regulating  the 
Use  of  Vehicles  on  the  Public  Streets,’  approved  October  7,  1872,  ap¬ 
proved  June  9,  1875,”  and  all  ordinances  and  parts  of  ordinances  in  con¬ 
flict  with  this  ordinance  are  hereby  repealed. 

Sec.  15.  This  ordinance  shall  take  effect  immediately. 

(Approved  September  22,  1883.  Vol.  3,  p.  122.) 


ORDINANCE  No.  952. 


AN  ORDINANCE  PROHIBITING  THE  STANDING  OF  VEHICLES 
ON  THE  PUBLIC  STREETS  OR  SIDEWALKS  OF  THE  CITY 
OF  OAKLAND. 


/ 


146  GENERAL  MUNICIPAL  ORDINANCES 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  having  the  charge  or  control  of  a  cart, 
wagon  or  any  vehicle  used  for  the  vending  of  goods,  wares,  mer¬ 
chandise,  meats,  fruits  or  vegetables  therefrom,  commonly  known  as 
peddler’s  carts  or  wagons,  shall  occupy  or  be  allowed  to  occupy  as  a 
stand  for  such  cart,  wagon,  or  vehicle  any  portion  of  any  street,  lane, 
alley  or  sidewalk  in  the  City  of  Oakland. 

Sec.  2.  (Repealed  by  Ordinance  No.  1339.  Approved  September 
30,  1891.  Vol.  3,  p.  708.) 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  the  sum  of  fifty  dollars,  and  in  case 
the  fine  be  not  paid,  then  the  person  or  persons  so  fined  may  be  im¬ 
prisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  im¬ 
posed. 

Sec.  4.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed.  This  ordinance  shall  take  effect  imme¬ 
diately  upon  its  approval  by  the  Mayor. 

(Approved  August  6,  1884.  Vol.  3,  p.  147.) 


ORDINANCE  No.  968. 


AN  ORDINANCE  REGULATING  AND  ENFORCING  THE  REPAIR¬ 
ING  OF  STREETS,  LANES,  ALLEYS,  COURTS,  PLACES  AND 
SIDEWALKS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Whenever  any  portion  of  any  street,  lane,  alley,  court, 
or  place  in  the  City  of  Oakland,  improved,  or  any  sidewalk  con¬ 
structed  thereon,  according  to  law,  shall  be  out  of  repair  and  in  con¬ 
dition  to  endanger  persons  or  property  passing  thereon,  or  in  con¬ 
dition  to  interfere  with  the  public  convenience  in  the  use  thereof,  it 
shall  be  the  duty  of  the  Superintendent  of  Streets  of  said  city  to 
require,  by  notice  in  writing,  to  be  delivered  to  them  personally,  or 
left  on  the  premises,  the  owners  or  occupants  of  lots  or  portions  of 
lots,  fronting  on  said  portion  of  said  street,  lane,  alley,  court  or  place, 

or  of  said  portion  of  said  walk  so  out  of  repair  as  aforesaid,  to  repair 

* 

forthwith  said  portion  of  said  street,  lane,  alley,  court,  or  place  to  the 
center  thereof,  or  said  sidewalk  in  front  of  the  property  of  which  he 
is  the  owner,  or  tenant,  or  occupant,  specifying  in  said  notice  what 
repairs  are  required  to  be  made. 

Sec.  2.  It  shall  be  unlawful  for  said  owner,  or  tenant,  or  occu- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


147 


pant  of  said  lots,  or  portion  of  said  lots,  to  neglect  or  refuse,  for  the 
period  of  three  days  from  the  date  of  the  service  of  the  aforesaid  notice, 
to  make  said  repairs,  and  diligently  and  without  interruption  to  prose¬ 
cute  the  same  to  completion. 

Sec.  3.  Every  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  guilty  of  a  misdemenaor,  and  upon  convic¬ 
tion  shall  pay  a  fine  not  exceeding  one  hundred  dollars;  and  in  case 
the  fine  be  not  paid,  such  person  or  persons  may  be  imprisoned  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  full  force  imme¬ 
diately  after  its  approval. 

(Approved  July  10,  1885.  Vol.  3,  p.  168.) 

*  ) 


ORDINANCE  No.  1024. 


AN  ORDINANCE  PROVIDING  FOR  THE  REPAIRS  OF  SIDEWALKS 

BY  THE  SUPERINTENDENT  OF  STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Upon  refusal  or  neglect  of  any  property  owner  to  repair 
sidewalks  in  front  of  his  or  her  property  in  the  City  of  Oakland,  after 
due  notice  given  by  the  Superintendent  of  Streets,  as  provided  in  an 
Act  of  the  Legislature  of  the  State  of  California,  entitled  “An  Act  to 
Provide  for  the  Improvement  of  Streets,  Lanes,  Alleys,  Courts,  Places 
and  Sidewalks,  and  the  Construction  of  Sewers  Within  Municipalities,” 
approved  March  18,  1885,  then  the  Superintendent  of  Streets  is  hereby 
authorized  and  empowered  and  directed,  as  a  penalty  for  such  neglect¬ 
ing  and  refusing  to  repair  such  sidewalk  or  sidewalks,  to  contract  for 
the  construction  of  artificial  stone  pavement  sidewalks  in  front  of  the 
property  of  such  persons  so  refusing  as  above  set  forth,  of  not  less  than 
six  feet  in  width,  and  at  the  expense  of  such  owner  or  owners  of  said 
property;  and  upon  the  completion  of  such  work  of  repairs  the  Su¬ 
perintendent  of  Streets  shall  make  and  deliver  to  the  contractor  of  the 
work  a  certificate,  as  provided  in  Section  17  of  the  Act  of  the  Legisla¬ 
ture  above  referred  to,  and  the  cost  of  the  prosecution  of  such  property- 
owners  for  the  collection  of  the  cost  of  such  work  shall  be  paid  out  of 
the  Street  Fund  of  the  City  of  Oakland. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  November  10,  1887.  Vol.  3,  p.  262.) 

[Note — In  the  case  of  L.  F.  Shepard  vs.  Mary  Kelley,  No.  8860, 
the  Superior  Court  of  the  County  of  Alameda  decided,  on  demurrer 


148 


GENERAL  MUNICIPAL  ORDINANCES 


to  the  complaint,  that  under  the  provisions  of  this  ordinance  and  the 
statute  therein  referred  to,  as  amended  (see  Stats.  1889,  p.  169),  the 
Superintendent  cannot  cause  a  wooden  sidewalk,  although  out  of  repair 
to  be  replaced  by  one  of  a  different  and  more  expensive  material,  such 
as  artificial  stone,  at  the  expense  of  the  owner.] 


ORDINANCE  No.  1084. 


AN  ORDINANCE  TO  REGULATE  THE  USE  OF  PUBLIC  STREETS 

BY  CERTAIN  ANIMALS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland  as  follows: 

Section  1.  No  person  shall  herd,  drive,  tie,  stake  out  or  otherwise 
allow,  or  cause  any  cow,  bull,  steer,  or  goat  belonging  to  him  or  being 
under  his  care  or  control  to  be  in,  or  upon,  any  of  the  public  streets 
of  the  City  of  Oakland,  except  for  the  purpose  of  conducting  such 
animals  from  place  to  place  in  good  faith  and  with  reasonable  speed. 

Sec.  2.  Any  person  violating  this  ordinance  shal  1  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  exceeding  $100;  or  in  case  such  fine  be  not  paid, 
then  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day  for 
each  dollar  of  said  fine  remaining  unpaid. 

Sec.  3.  All  ordinances  and  resolutions,  and  parts  of  ordinances 
and  resolutions,  in  conflict  herewith  are  hereby  repealed  and  rescinded.- 

Sec.  4.  This  ordinance  shall  have  effect  and  be  in  force  from  and 
after  its  approval. 

(Approved  July  9,  1889.  Vol.  3,  p.  352.) 


ORDINANCE  No.  1114. 


AN  ORDINANCE  PROVIDING  SPECIFICATIONS  FOR  THE  CON¬ 
STRUCTIONS  OF  SIDEWALKS  OF  BITUMINOUS  ROCK. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  regulation  governing  the  width  and  grading  of 
cement  sidewalks  shall  prevail  in  the  construction  of  sidewalks  made 
with  bituminous  rock. 

Sec.  2.  All  sidewalks  constructed  of  bituminous  rock  shall  have- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


149 


a  foundation  of  broken  rock  at  least  three  inches  in  thickness,  the  same 
to  be  thoroughly  rolled  or  tamped. 

Sec.  3.  The  top  dressing  of  the  sidewalk  shall  consist  of  a  layer 
of  bituminous  rock  equal  to  the  best  Santa  Cruz  or  San  Luis  Obispo 
bituminous  rock,  and  at  least  one  inch  in  thickness. 

Sec.  4.  Bidders  muct  accompany  their  bids  with  samples  of  all 
materials  intended  to  be  used  in  the  work.  Any  material  not  accept¬ 
able  will  be  cause  for  rejecting  the  bid. 

Sec.  5.  All  material  furnished  must  be  up  to  the  standard  of  the 
sample,  and  all  work  must  be  done  to  the  satisfaction  of  the  Board  of 
Public  Works,  City  Engineer  and  Superintendent  of  Streets. 

Contractors  will  be  required  to  give  a  satisfactory  bond  guaran¬ 
teeing  the  work  for  one  (1)  year  after  completion  and  acceptance.  The 
amount  of  said  bond  to  be  fixed  and  the  same  approved  by  the  City 
•Council. 

Sec.  6.  Bids  and  measurements.  All  proposals  shall  specify  the 
rate  per  square  foot  of  walk  laid,  and  the  measurements  shall  be  done 
upon  the  basis  of  square  feet  actually  laid  and  completed. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 

(Approved  January  3,  1890.  Vol.  3,  p.  404.) 


ORDINANCE  No.  1148. 


AN  ORDINANCE  -TO  PREVENT  THE  BURNING  OF  RUBBISH  IN 

THE  PUBLIC  STREETS  WITHIN  THE  FIRE  LIMITS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  set  fire  or  burn,  or  cause  to  be  set  fire 
to  or  burned,  any  rags,  paper,  wood,  or  any  rubbish,  on  any  public 
street  or  gorunds  within  the  Fire  Limits  of  the  City  of  Oakland,  or 
upon  any  street  or  sidewalk  paved  with  or  constructed  of  bituminous 
rock  or  any  other  combustible  material,  without  first  obtaining  a  writ¬ 
ten  permit  from  the  Board  of  Public  Works. 

Sec.  2.  An  ordinance  entitled  “An  Ordinance  to  prevent  the 
Burning  of  Rubbish  in  the  Streets  or  Public  Grounds  of  the  City  of 
Oakland,”  approved  August  5,  1885,  and  all  ordinances  amendatory 
thereof,  are  hereby  repealed. 

\ 

Sec.  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case  said 
fine  be  not  paid,  by  imprisonment  at  the  rate  of  one  day  for  every  two 
dollars  of  the  fine  so  imposed. 


GENERAL  MUNICIPAL  ORDINANCES 


150 


Sec.  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 


(Approved  May  15,  1890.  Vol.  3,  p.  447.) 


ORDINANCE  No.  1188. 


AN  ORDINANCE  FOR  THE:  PREVENTION  OF  INJURY  TO  SIDE¬ 
WALKS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  cut,  carve,  hack,  hew  or  otherwise  in¬ 
jure  or  deface  any  bituminous  or  other  sidewalk  on  any  public  street 
in  the  City  of  Oakland. 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  and  m  case  such  fine  be  not  paid  then  by  imprisonment  at  the 
rate  of  one  day  for  every  dollar  of  the  fine  so  imposed. 

Sec.  3.  One  half  of  each  fine  collected,  under  the  provisions  of  the 
preceding  section,  shall  be  paid  by  the  Clerk  of  the  Police  Court,  upon 
the  order  of  the  Judge  thereof,  to  the  person  procuring  the  arrest  and 
conviction  of  the  person  so  fined. 

Sec.  4.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

Approved  August  22,  1890.  Vol.  3,  p.  495.) 


ORDINANCE  No.  1220. 


AN  ORDINANCE  TO  REGULATE  THE  DIGGING  OR  REMOVAL 
OF  PORTIONS  OF  THE  ROADWAY  OR  SIDEWALK  OF  PUB¬ 
LIC  STREETS  AND  PLACES. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  dig  or  remove  any  portion  of  the  road¬ 
way  or  sidewalk  of  any  public  street  or  place  without  first  obtaining 
a  permit  therefor  from  the  Board  of  Public  Works;  provided,  how¬ 
ever,  that  the  foregoing  provisions  of  this  ordinance  shall  not  apply 
to  the  laying  of  water  or  gas  mains,  or  to  the  doing  of  work  on  public 


OF  THE  CITY  OF  OAKLAND,  CAL. 


*5* 


sewers  or  streets  under  contract  as  provided  by  law,  or  to  the  doing 
of  any  act  authorized  by  general  law  or  franchise  of  this  Council. 

Sec.  2.  Before  the  issuance  of  any  permit  to  dig  up  the  road¬ 
way  of  any  public  street  for  the  purpose  of  laying  any  sewer,  gas  or 
other  pipes,  the  person  to  whom  it  is  to  be  issued  shall  deposit  with 
said  Board  the  sum  of  at  least  $20.  Said  deposit  shall  be’  returned  upon 
the  prompt  replacement  of  such  street  to  the  satisfaction  of  the  Board; 
otherwise  to  be  forfeited  to  the  City  and  used  by  said  Board  or  as 
much  thereof  as  may  be  necessary  for  the  putting  of  such  street  in  a 
proper  condition;  and  such  deposit  shall  be  returned  only  after  said 
Board  has  caused  said  work  to  be  examined  and  has  found  the  said 
street  to  be  replaced  as  required  by  this  ordinance. 

Sec.  3.  Every  person,  corporation  or  association  digging  up  or  re¬ 
moving  any  portion  of  any  roadway  or  sidewalk  shall,  with  diligence, 
do  such  digging  and  removal,  and  the  acts  for  which  such  digging 
or  removal  are  necessary,  and  replace  such  roadway  or  sidewalk  in 
good  condition,  shall  wet  and  tamp  the  soil  whenever  necessary,  shall 
leave  no  ridges  or  depressions,  shall  keep  in  good  repair  for  a  period 
of  six  months  such  portion  of  the  public  street  so  dug  up  or  removed. 

Sec.  4.  Every  person  digging  up  any  sidewalk  for  the  pur¬ 
pose  of  constructing  a  cellar  under  the  same  shall  with  diligence  carry 
on  such  work,  and  by  means  of  a  temporary  walk  or  otherwise, 
promptly  put  such  sidewalk  in  safe  condition  for  use  by  pedestrians, 
for  at  least  the  one-half  its  width  adjacent  to  the  roadway. 

Sec.  5.  Every  person  doing  any  of  the  work  hereinbefore  men¬ 
tioned  shall  do  the  same  in  good,  workmanlike  manner,  under  the  di¬ 
rection  and  to  the  satisfaction  and  approval  of  the  Board  of  Public 
Works,  and  shall  obey  all  such  lawful  orders  of  said  Board  as  may 
be  made  for  the  carrying  into  effect  of  the  foregoing  provisions  of  this 
ordinance. 

Sec.  6.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Sec.  7.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  October  30,  1890.  Vol.  3,  p.  532.) 


ORDINANCE  No.  1702. 


AN  ORDINANCE  TO  REGULATE  THE  DIGGING  OR  REMOVAL 
OF  PORTIONS  OF  THE  ROADWAY  OR  SIDEWALK  OF  PUB¬ 
LIC  STREETS  AND  PLACES. 


152 


GENERAL.  MUNICIPAL  ORDINANCES 


Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  shall,  in  the  City  of 
Oakland,  tear  up  or  loosen  or  remove  any  part  of  the  macadam  or 
other  surface  dressing  of  any  public  street  or  public  thoroughfare 
without  first  giVing  written  notice  thereof,  together  with  a  plan,  show¬ 
ing  the  exact  location  of  the  proposed  work  to  the  Board  of  Public 
Works  of  the  said  City,  and  at  the  same  time  depositing  with  said 
Board  of  Public  Works  $10.00  for  each  thirty  square  feet  of  surface 
or  portion  thereof  to  be  torn  up  or  loosened,  which  said  sum  shall 
be  retained  by  said  Board  of  Public  Works  for  the  space  of  one  year 
after  the  completion  of  the  work  and  the  filing  of  the  certificate 
of  the  Superintendent  of  Streets,  as  provided  in  Section  IV  of  this  ordi¬ 
nance,  as  security  for  any  damage  or  expense  that  may  be  caused  there¬ 
by,  and  that  the  street  may  be  left  in  as  good  condition  as  it  was  be¬ 
fore  being  torn  up,  loosened  or  disturbed,  and  be  left  without  depression 
or  ridges,  and  at  the  expiration  of  one  year  after  the  completion  of 
said  work  and  the  filing  of  said  certificate,  said  sum  shall  be  returned 
to  the  person,  firm  or  corporation  making  such  deposit,  except  as  pro¬ 
vided  in  Section  VI  of  this  ordinance. 

Sec.  2.  All  such  work  shall  be  done  to  the  satisfaction  of  the 
Superintendent  of  Streets  of  said  City,  and  all  materials  taken  up 
or  removed  shall  be  replaced,  excepting  where  pipes  of  six  inches  or 
larger  in  diameter,  are  laid,  due  allowance  shall  be  made  for  the  neces¬ 
sary  displacement  of  earth,  and  when  pipes  are  laid  the  filling  of 
trenches  shall  be  thoroughly  tamped  and  wet  down,  and  the  surface 
dressing  shall  be  thoroughly  rolled  or  tamped  so  as  to  conform  with 
the  original  surface  of  the  street.  The  person,  firm  or  corporation  so 
opening,  loosening  or  removing  the  surface  dressing,  shall  at  any 
time  within  one  year  after  replacing  the  same,  on  demand  of  the 
Superintendent  of  Streets  or  Board  of  Public  Works,  repeat  the  work 
of  refilling  the  macadam  or  bitumen  or  surface  dressing  and  do  all 
filling  that  may  be  necessary  to  raise  any  sunken  part  of  the  street 
above  said  pipe  to  the  proper  grade  or  original  surface  of  the  said 
street. 

Sec.  3.  Every  person,  firm  or  corporation  digging  up  or  re¬ 
removing  any  portion  of  any  roadway  or  sidewalk  or  public  thorough¬ 
fare,  shall,  with  due  dilligence  do  such  digging  or  removal,  and  the 
acts  for  which  such  digging  or  removal  are  necessary,  and  shall  im¬ 
mediately  replace  said  materials  removed  as  specified  in  Section  2  of 
this  ordinance. 

Sec.  4.  Upon  the  completion  of  any  of  the  work  above  men¬ 
tioned,  the  Superintendent  of  Streets  shall  inspect  the  same  upon  due 
notification  from  the  person,  firm  or  corporation  so  doing  said  work. 
And  if  the  street  is  found  to  be  in  good  condition  he  shall  so  certify 
upon  notice  of  said  person,  firm  or  corporation,  to  the  Board  of  Public 
Works. 

Sec.  5.  In  lieu  of  said  cash  deposit,  a  bond  in  double  the 


OF  THE  CITY  OF  OAKLAND,  CAL. 


153 


amount  required  for  said  deposit,  or  a  general  bond  in  the  sum  of 
$5000,  with  two  good  and  sufficient  sureties,  approved  by  the  Chair¬ 
man  of  the  Board  of  Public  Works,  shall  be  filed  with  the  Board  of 
Public  Works,  said  bond  to  be  conditioned  that  said  roadway  be  left 
and  maintained  as  herein  provided,  in  as  good  condition  as  the  same 
existed  before  being  torn  up  or  disturbed,  and  that  all  materials  shall 
be  replaced  according  to  the  provision  of  this  ordinance,  and  that 
the  person,  firm  or  corporation  doing  the  said  work  shall  at  any  time 
within  said  one  year  after  the  notice  to  the  Superintendent  of  Streets 
of  the  completion  of  said  work,  forthwith  repeat  said  work  of  filling, 
grading  or  refilling  the  macadam,  bitumen  or  portion  thereof,  upon 
notice  as  herein  provided  from  the  Superintendent  of  Streets  or  the 
Board  of  Public  Works  that  the  same  is  necessary. 

Sec.  6.  Any  such  person,  firm  or  corporation  failing  to  well 
and  truly  do  all  acts  required  by  Sections  1,  2  and  3,  of  this  ordinance, 
shall  be  notified  by  the  Superintendent  of  Streets  or  Board  of  Public 
Works  to  fully  comply  with  the  requirements  of  said  section  within 
five  days  after  service  upon  such  person,  firm  or  corporation  of  a 
written  notice  to  that  effect,  and  which  said  notice  may  be  given  at  any 
time  within  one  year  after  the  completion  of  said  work,  and  upon 
such  person,  firm  or  corporation  failing  to  do  so  within  five  days 
after  the  giving  and  making  of  such  demand,  the  Superintendent  of 
Streets  under  direction  of  the  Board  of  Public  Works,  shall  repair  said 
street  or  public  thoroughfare,  and  the  Board  of  Public  Works  shall 
pay  the  cost  therefor  out  of  the  money  deposited  as  heretofore  re¬ 
quired  by  Section  1  hereof,  in  case  money  has  been  deposited  as  herein 
provided,  and  the  remainder  of  said  money  so  deposited,  if  any,  shall 
thereupon  be  paid  to  such  person,  firm  or  corporation,  or  in  case  no 
such  deposit  has  been  made,  but  in  lieu  of  said  deposit,  a  bond  shall 
have  been  filed  as  provided  in  Section  5  hereof,  an  action  at  law  shall 
be  commenced  and  prosecuted  upon  said  bond  for  the  recovery  of  such 
damages,  costs  and  expenses  as  may  have  accrued  to  the  said  City  or 
Board  of  Public  Works  by  reason  of  the  failure  to  fulfill  the  con¬ 
ditions  thereof. 

Sec.  7.  All  ordinances  and  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

Sec.  8.  Every  person  violating  any  requirement  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  three  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Sec.  9.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  September  11,  1895.  Vol.  4,  p.  716.) 


154 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1252. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE  SPECI¬ 
FICATIONS  FOR  THE  CONSTRUCTION  OF  SIDEWALKS  AND 

ARTIFICIAL  STONE  CURBS  IN  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  specifications  for  the  construction  of  sidewalks 
and  artificial  stone  curbs  in  the  City  of  Oakland  are  hereby  declared 
and  determined  to  be  as  follows: 

Sec.  2.  Sidewalks  must  be  constructed  of  cement  or  of  bituminous- 
sand  rock,  width  of  walk  six  feet,  unless  otherwise  provided  by  resolu¬ 
tion  of  the  Council. 

Sec.  3.  Rise  of  sidewalk  from  curb  shall  be  at  uniform  rate  of 
one-third  (1-3)  of  an  inch  to  the  foot,  except  upon  streets  where  the- 
intersecting  streets  have  different  widths  of  sidewalks,  in  which  case 
the  slopes  shall  be  averaged  at  the  corners. 

Sec.  4.  The  grade  for  the  cement  curb  shall  be  two  (2)  inches- 
above  the  wooden  curb  grade. 

All  sidewalks  must  be  constructed  to  the  official  lines  and  grades, 
as  given  by  the  City  Engineer. 

All  materials  used  and  work  done  must  be  under  the  supervision 
and  to  the  satisfaction  of  the  Superintendent  of  Streets  of  said  City. 

Cement  Walks. 

Sec.  5.  Foundation — The  excavation  for  the  foundation  must  ex¬ 
tend  at  least  six  (6)  inches  outside  of  the  lines  of  walk  on  each  side. 
Where  the  ground  is  adobe  the  same  must  be  excavated  to  a  depth  of 
ten  (10)  inches  below  the  sub-grade  of  the  cement  work.  If  the  adobe 
is  less  than  ten  (10)  inches  thick,  the  same  must  be  wholly  removed. 
The  cavity  thus  formed  is  to  be  filled  with  broken  rock,  gravel,  sand 
or  earth,  other  than  the  adobe,  thoroughly  rammed  to  sub-grade  of  ce¬ 
ment  work,  smooth  and  even  on  surface,  all  to  be  thoroughly  sprinkled 
with  water. 

Where  there  is  no  adobe  the  ground  is  to  be  made  solid  and 
smooth  to  sub-grade  by  tamping;  all  roots  and  perishable  material  to 
be  removed. 

Cement  work — The  first  or  lower  layer  of  cement  work  to  be  not 
less  than  two  and  one-quarter  (2%)  inches  thick,  and  up  to  within 
three-quarters  (%)  inch  of  grade  after  thorough  tamping.  It  shall 
be  formed  of  best  quality  of  fresh  Portland  cement  of  a  brand  ap¬ 
proved  by  the  Board  of  Public  Works  and  mixed  with  clean  gravel 
entirely  free  from  dirt  or  clay,  in  the  proportion  of  one  barrel  of  ce¬ 
ment  to  seven  barrels  of  gravel. 

The  cement  and  gravel  to  be  first  thoroughly  mixed  dry  and  there¬ 
after  wrater  added  by  sprinkling,  the  mixture  to  be  continued  until 


OF  THE  CITY  OF  OAKLAND,  CAL. 


155 


every  particle  of  gravel  is  coated  with  cement,  and  the  mass  to  be 
just  wet  enough  so  that  in  ramming  or  tamping  the  water  will  not 
splash.  The  concrete  shall  be  made  up  in  batches  only  so  fast  as  it 
can  be  laid  in  place  and  tamped  before  the  cement  has  set. 

The  top  layer,  three-quarters  (%)  of  an  inch  thick,  to  be  com¬ 
posed  of  one  barrel  of  cement  to  one  barrel  of  fine,  screened,  clean 
gravel,  the  mortar  to  be  first  mixed  dry  and  then  sprinkled  with  water. 
All  mixing  for  top  layers  must  be  done  in  mortar  boxes. 

Immediately  before  laying  the  top  layer,  the  first  or  lower  layer 
shall  be  covered  with  a  grout  composed  of  one  barrel  cement  to  one 
barrel  of  screened  gravel.  The  top  layer  to  be  troweled  to  smooth  and 
even  surface  and  line  in  blocks  not  exceeding  four  square  feet. 

The  gravel  for  the  top  layer  must  be  colored  with  dry  lamp  black 
in  the  proportion  of  one  pound  lamp  black  to  one  barrel  of  gravel, 
thoroughly  mixed  before  adding  cement. 

The  work  shall  be  properly  protected  from  sun  and  frost. 

By  a  barrel  of  cement  is  meant  an  unbroken  original  package  or 
barrel  of  fresh  A  1  Portland  cement  of  full  standard  weight,  tensile 
strength  and  measure.  The  barrel  for  measuring  the  gravel  must  be  of 
same  size  as  cement  barrel. 

Bituminous  Sand  Rock  Sidewalks. 

Section  6.  (a)  All  sidewalks  constructed  of  bituminous  sand- 

rock  shall  have  a  foundation  of  hard,  broken,  seamless  rock  (of  size 
to  pass  through  a  two-inch  ring)  at  least  three  (3)  inches  in  thickness, 
the  same  to  be  thoroughly  rolled  or  tamped  and  having  the  interstices 
filled  with  hard  rock  screenings  or  gravel. 

(b)  The  top  dressing  of  the  sidewTalk  shall  consist  of  a  layer  of 
bituminous  sand  rock  equal  to  the  best  Santa  Cruz  or  San  Luis 
Obispo  bituminous  rock,  and  at  least  one  inch  in  thickness,  laid  hot, 
and  well  rolled  and  ironed. 

(c)  Bitumen  to  be  so  laid  that  neither  horses  nor  vehicles  touch 
the  foundation  after  the  same  has  been  rolled. 

(d)  The  edges  of  the  wTalk  to  be  retained  by  2x4-inch  redwood 
strips  spiked  to  2x3  inch  redwood  stakes  15  inches  long,  driven  every 
6  feet  apart,  all  flush  with  the  surface  of  the  walk. 

Artificial  Stone  Curbs. 

Section  7.  Artificial  stone  or  concrete  curbs  to  be  8  inches  wide 
by  16  inches  deep.  The  molds  to  be  banked  up  with  earth  so  as  not 
to  move  with  tamping.  Concrete  to  be  filled  in  and  thoroughly  tamped 
to  within  three-quarters  of  an  inch  of  grade,  final  layer  of  mortar  of 
one'to  one  cement  and  gravel,  to  be  then  filled  in  and  smoothed  with  a 
trowel.  After  setting  for  twelve  hours  it  shall  then  be  covered  with 
earth  6  inches  deep  and  kept  covered  for  three  weeks. 

Sec.  8.  Whenever  the  sidewalk  is  to  be  constructed  by  public 
contract  upder  the  general  street  law  of  the  State  of  California,  each 
bidder  therefor  must  use  the  blank  forms  of  proposals  furnished  by  the 


156 


GENERAL  MUNICIPAL  ORDINANCES 


City  Clerk,  and  must  file  with  the  City  Clerk  and  also  with  the  Super¬ 
intendent  of  Streets  of  said  City,  at  least  once  before  filing-  his  pro¬ 
posals,  samples  of  material  to  be  used.  The  materials  furnished  must 
be  up  to  the  standard  of  the  samples  upon  any  work  which  may  there¬ 
after  be  awarded  to  said  bidder. 

Sec.  9.  Upon  the  completion  of  the  work,  and  before  the  issuance 
of  the  assessment  warrant,  the  contractor  shall  file  with  the  Superin¬ 
tendent  of  Streets  a  bond  in  the  sum  to  be  determined  by  the  Mayor  of 
the  City  of  Oakland,  guaranteeing  the  work  for  one  year  from  injury 
by  ordinary  use.  Said  bond  shall  be  approved  as  to  sufficiency  by  the 
President  of  the  Board  of  Public  Works,  and  shall  be  upon  the  blanks 
furnished  by  the  Superintendent  of  Streets. 

Sec.  10.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  11.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 

(Approved  March  4,  1891.  Vol.  3,  p.  567.) 


ORDINANCE  No.  1253. 


AN  ORDINANCE  CONCERNING  THE  CONSTRUCTION  OF  SIDE¬ 
WALKS  AND  CURBS  IN  THE  CITY  OF  OAKLAND. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person  to 
construct  or  cause  to  be  constructed  in  the  City  of  Oakland  any  side¬ 
walk  or  curb  without  first  obtaining  from  the  Board  of  Public  Works 
of  said  City  a  permit  in  writing  so  to  do,  unless  the  construction  of  said 
sidewalk  or  curb  shall  have  been  ordered  by  the  Council. 

Sec.  2.  Said  permit  shall  be  issued  by  said  Board  to  the  per¬ 
son  applying  therefor  upon  the  payment  of  fifteen  ($15)  dollars  as 

deposit,  which  deposit  sum  shall  be  retained  by  said  Board  until  the 

completion  of  the  sidewalk  or  curb  in  the  permit  described  and  the 
removal  of  all  debris  caused  by  said  construction.  Said  debris  shall 
be  removed  within  five  (5)  days  after  notice  from  the  Superintendent 
of  Streets,  and  if  not  so  removed,  the  Board  of  Public  Works  are 
hereby  authorized  to  have  the  same  done  at  the  expense  of  the  con¬ 
tractor,  and  the  deposit  of  $15  to  be  applied  in  payment  therefor. 
When  sidewalk  and  curb  are  fully  constructed  and  debris  removed  to 
the  satisfaction  of  said  Board  and  Superintendent  of  Streets,  then 
the  deposit  shall  be  refunded  by  said  Board  to  the  depositor  upon 
surrender  and  cancellation  of  said  permit;  provided,  however,  that 
in  no  case  shall  such  permit  be  granted  to  construct  sidewalk  or  curb 


OF  THE  CITY  OF  OAKLAND,  CAL. 


157 


where  the  Council  has  passed  Resolution  of  Intention  to  construct 
such  sidewalk  or  curb. 

Sec.  3.  Said  permit  shall  be  upon  blank  forms  provided  by 
the  Board  of  Public  Works,  and  shall  specify  the  name  and  resi¬ 
dence  of  the  applicant,  the  location  of  the  property  in  front  of  which 
the  proposed  sidewalk  or  curb  is  to  be  constructed,  the  length  and 
width  of  said  walk  or  curb  and  the  material  to  be  used  in  its  con¬ 
struction.  Said  permit  shall  also  contain  a  true  printed  copy  of  the 
provisions  of  the  ordinance  or  ordinances  setting  forth  the  specifica¬ 
tions  adopted  by  the  Council  of  the  City  of  Oakland  for  the  construc¬ 
tion  of  curbs  and  of  cement  or  bituminous  sand-rock  sidewalks. 

Sec.  4.  No  sidewalks  shall  hereafter  be  constructed  in  the  City  of 
Oakland  other  than  of  cement  or  bituminous  sand-rock  unless  special 
permission  therefor  be  first  obtained  from  the  Council  of  said  City  by 
the  owner  of  the  property  in  front  of  which  the  walk  is  to  be  laid. 

Sec.  5.  Within  the  fire  limits  of  said  city,  as  declared  by  its  ordi¬ 
nances,  only  granite  curbing  shall  be  constructed. 

Sec.  6.  All  sidewalks  and  curbs  hereafter  laid  must  be  constructed 
in  every  particular  in  accordance  with  the  permit  therefor  issued  and 
the  specifications  therein  recited,  and  must  be  completed  within  thirty 
days  from  date  of  permit,  unless  an  extension  of  time  thereon  be 
granted  by  the  Council. 

Sec.  7.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  so  fined  may 
be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate 
of  one  day  for  every  dollar  of  the  fine  so  imposed. 

Sec.  8.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Sec.  9.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  March  4,  1891.  Vol.  3,  p.  572.) 


ORDNANCE  No.  1262. 


AN  ORDINANCE  DECLARING  THE  SPECIFICATIONS  FOR  THE 
LAYING  OF  STRADAMANT  ASPHALTUM  PAVEMENTS  AND 
CROSSWALKS  UPON  THE  STREETS,  AVENUES,  ALLEYS, 
PUBLIC  PLACES  AND  HIGHWAYS  OF  THE  CITY  OF  OAK¬ 
LAND. 


158 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

The  specifications  for  the  laying  of  stradamant  asphaltum  pave¬ 
ments  and  crosswalks  upon  the  streets,  avenues,  alleys,  public  places 
and  highways  of  the  City  of  Oakland  shall  be  and  are  as  follows: 

Section  1.  There  shall  be  four  classes  of  stradamant  asphaltum 
pavement  and  crosswalks,  to- wit: 

Class  A — Top  layer  one  inch  thick  of  stradamant;  asphaltic  sur¬ 
facing  laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  five 
(5)  inches  thick. 

Class  B — Top  layer  (1%)  one  and  one-half  inches  thick  of  stra¬ 
damant;  asphaltic  surfacing  laid  upon  a  foundation  of  stradamant; 
asphaltic  concrete  (4%)  four  and  one-half  inches  thick. 

Class  C — Top  layer  one  inch  thick  of  stradamant;  asphaltic  surfac¬ 
ing  laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  (3) 
three  inches  thick. 

Class  D — Top  layer  (V2)  one-half  inch  thick  of  stradamant;  sur¬ 
facing  laid  upon  a  foundation  of  stradamant;  asphaltic  concrete  (2 y2) 
two  and  one-half  inches  thick. 

All  measurements  for  thickness  to  be  taken  after  final  compression. 

The  concrete  and  pavement  to  be  well  rolled  and  tamped. 

General  Provisions. 

(a)  All  Resolutions  of  Intention  shall  declare  the  class  of  pav¬ 
ing. 

(b)  All  work  shall  be  to  the  official  line  and  grade  as  set  by  the 
City  Engineer  of  said  City. 

(c)  All  work  shall  be  done  to  the  satisfaction  of  the  Superintend¬ 
ent  of  Streets  of  said  City. 

(d)  The  crown  of  roadways  not  exceeding  32  feet  in  width  shall  be 
two  inches  above  the  curb,  and  of  roadways  of  greater  width,  four 
inches,  unless  otherwise  provided  in  the  order  of  work. 

(e)  All  work  shall  conform  to  the  general  or  special  plan  posted 
with  the  Notice  to  Contractors. 

(f)  Roadbed  to  be  brought  to  a  true  and  even  arc,  and  thor¬ 
oughly  compacted  by  rolling  with  a  roller  of  at  least  ten  (10)  tons 
weight  before  laying  concrete  for  street  pavements.  Sub-grade  for 
crosswalks  shall  be  thoroughly  compacted  by  tamping. 

(g)  Road-bed  must  be  clear  of  all  refuse,  slush  and  sponge  earth 
before  rolling. 

(h)  Trenches  caused  by  sewer,  gas  or  water  pipes  must  be  settled 
by  water  and  tamped  solid. 

(i)  Upon  the  completion  of  the  work  the  contractor  must  re¬ 
move  all  surplus  material  from  the  street. 

(j)  The  City  Engineer  or  the  Superintendent  of  Streets  of  said 
city,  each  in  his  respective  capacity,  shall  have  the  authority  to  order 
the  employes  of  any  contractor  to  stop  the  construction  of  any  work 


OF  THE  CITY  OF  OAKLAND,  CAL. 


159 


whenever  in  the  judgment  of  either  of  said  officials  the  same  is  not  be¬ 
ing  done  in  accordance  with  the  specifications.  The  contractor  shall 
instruct  his  employes  to  obey  forthwith  any  such  orders  from  either 
of  said  officials. 

(k)  All  work  must  be  so  prosecuted  as  not  to  blockade  the  street 
unnecessarily. 

(l)  Upon  the  completion  of  the  work  and  before  the  issuance  of 
the  assessment  warrant  therefor,  the  contractor  must  file  with  the 
Superintendent  of  Streets  a  bond  in  the  sum  to  be  determined  by  the 
Mayor  of  said  City,  guaranteeing  the  work  for  five  (5)  years  from 
injury  by  ordinary  use.  Said  bond  shall  be  approved  as  to  sufficiency 
by  the  President  of  the  Board  of  Public  Works  of  said  City,  and  shall 
be  upon  the  blanks  furnished  by  said  Superintendent  of  Streets. 

Proposals,  How  Made. 

All  proposals  to  be  upon  blanks  furnished  by  the  City  Clerk. 
Each  bidder  for  paving  shall  file  with  the  City  Clerk,  and  also  with 
the  Superintendent  of  Streets  of  said  City,  at  least  once  before  filing 
his  proposals,  block  samples  of  each  class  of  pavement.  The  mater¬ 
ials  furnished  and  the  pavement  laid  must  be  up  to  the  standard  of 
such  samples  upon  any  work  which  may  thereafter  be  awarded  to  said 
bidder. 

Sec.  2.  This  ordinance  shall  take  effect  upon  its  approval. 

(Approved  March  28,  1891.  Vol.  3,  p.  595.) 


ORDINANCE  No.  1267. 


AN  ORDINANCE  TO  PROHIBIT  THE  ERECTION  OR  MAINTE¬ 
NANCE  OF  WOODEN  AWNINGS  OVER  OR  UPON  THE  SIDE¬ 
WALKS  OF  CERTAIN  STREETS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  erect  or  maintain  any  wooden  awn¬ 
ing,  over  or  upon  any  sidewalk  of  Broadway  or  Washington  streets, 
between  the  center  lines  of  Seventh  and  Fourteenth  streets  in  the  City 
of  Oakland. 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
dollar  of  the  fine  so  imposed. 

Sec.  3.  This  ordinance  shall  take  effect  nintey  days  from  and  after 
its  approval. 

(Approved  May  8,  1891.  Vol.  3,  p.  606. 


i6o 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1955. 


AN  ORDINANCE  TO  PROHIBIT  THE  ERECTION  OR  MAINTE¬ 
NANCE  OF  WOODEN  AWNINGS  OVER  OR  UPON  THE  SIDE¬ 
WALKS  OF  SAN  PABLO  AVENUE,  BETWEEN  FOURTEENTH 

AND  SEVENTEENTH  STREETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  erect  or  maintain  any  wooden  awning: 
over  or  upon  any  sidewalk  of  San  Pablo  avenue  between  Fourteenth 
and  Seventeenth  streets  in  the  City  of  Oakland. 

Sec.  2.  Every  person  violating-  any  provision  of  this  ordinance  is 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  ($100)  dollars;  and  in 
case  such  fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Sec.  3.  This  ordinance  shall  take  effect  thirty  days  from  and  after 
its  approval. 

(Passed  by  the  Council  over  Mayor’s  veto  on  January  24,  1899.  VoL 
5,  p.  337.) 


ORDINANCE  No.  1283. 


AN  ORDINANCE  DECLARING  CERTAIN  TREES  GROWING  IN 
THE  PUBLIC  STREETS,  UNDER  CERTAIN  CONDITIONS,  NUI¬ 
SANCES  AND  PROVIDING  FOR  THEIR  ABATEMENT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Any  pine,  poplar,  cottonwood  or  eucalyptus  tree  grow¬ 
ing  in  any  public  street  or  sidewalk  which  is  endangering  or  which 
may  in  any  way  endanger  the  security  or  usefulness  of  any  public 
sewer  or  sidewalk  is  hereby  declared  a  public  nuisance. 

Sec.  2.  Whenever  it  may  appear  to  the  satisfaction  of  the  Super¬ 
intendent  of  Streets  that  public  necessity  requires  the  removal  of  any 
tree  coming  under  operation  of  the  provisions  of  Section  1,  of  this 
ordinance,  it  shall  be  the  duty  of  said  Superintendent  of  Streets  to 
report  the  same  to  the  Council,  and  the  Council  may  by  resolution 
order  the  same  removed,  and  the  said  Superintendent  of  Streets,  after 
the  adoption  of  such  resolution,  shall  have  authority  to  remove  the 
same  forthwith. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Sec.  4.  This  ordinance  shall  go  into  full  force  and  effect  imme¬ 
diately  after  its  approval. 

(Approved  June  3,  1891.  Vol.  3,  p.  635.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


l6l 

ORDINANCE  No.  1298. 


AN  ORDINANCE  REGULATING  TRAFFIC  AND  SALES  IN  THE 

STREETS  AND  HIGHWAYS  OF  THE  CITY  OF  OAKLAND, 

PREVENTING  SUCH  TRAFFIC  AND  SALES  FROM  ENDANGER¬ 
ING  THE  PUBLIC  COMFORT  AND  SAFETY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  determined  and  ordained  that  it  is  neces¬ 
sary  to  regulate  traffic  and  sales  in  the  streets  and  highways  of  the 
City  of  Oakland,  and  that  in  order  to  properly  regulate  the  same,  to 
secure  the  public  safety  and  comfort,  it  is  necessary  that  such  trade 
and  traffic  in  streets  and  highways  be  regulated  in  accordance  with 
the  terms  and  provisions  contained  in  this  ordinance. 

Sec.  2.  It  is  hereby  declared  to  be  unlawful  for  any  person  at 
any  place  in  any  of  the  streets  or  highways  of  the  City  of  Oakland 
and  included  in  the  territory  described  in  this  section,  to  traffic  in, 
vend  or  sell,  or  to  attempt  or  offer  to  traffic  in,  vend  or  sell  any  goods, 
wares,  merchandise,  meats,  vegetables,  fruits,  berries,  produce,  or  any 
article  of  household,  family  or  domestic  supplies;  and  every  such  act 
at  any  such  place,  w7hether  of  so  trafficking  vending  or  selling,  or 
of  attempting  or  offering  to  so  traffic,  vend  or  sell  such  property,  or 
any  thereof,  is  hereby  declared  to  be  unlawful,  but  the  sale, 
vending  or  trafficking,  or  the  offer  to  sell,  vend  or  traffic  in  any  of  said 
personal  property  by  a  person  at  his  fixed  place  of  business,  conducted 
in  a  building  or  store  lawfully  occupied  by  him  and  fronting  or  abut¬ 
ting  upon  any  street  or  highway  within  said  territory,  is  not  and  shall 
not  be  construed  to  be  unlawful  hereunder. 

The  territory  above  referred  to  in  this  section  is  bounded  and 
particularly  described  as  follows: 

Commencing  at  a  point  formed  by  the  intersection  of  the  north¬ 
erly  projection  of  the  eastern  line  of  Clay  street,  with  the  northern 
line  of  Fourteenth  street  in  said  City  of  Oakland,  and  running 
thence  easterly  along  the  northern  line  of  Fourteenth  street  to  its 
intersection  with  the  eastern  line  of  Franklin  street;  thence  southerly 
along  the  eastern  line  of  Franklin  street  to  its  intersection  with  the 
northern  line  of  Sixth  street;  thence  westerly  along  the  northern  line 
of  Sixth  street  to  its  intersection  with  the  eastern  line  of  Clay  street, 
and  thence  northerly  along  the  eastern  line  of  Clay  street  and  its  north¬ 
erly  projection  to  the  intersection  thereof  with  the  northern  line  of 
Fourteenth  street. 

Sec.  3.  Nothing  herein  contained  shall  be  construed  as  pre¬ 
venting  or  making  unlawful  the  prompt  delivery  in  good  faith  of  any 
of  said  personal  property  to  or  at  any  such  fixed  place  of  business  (so 
situated  and  conducted  in  such  building  or  store  within  said  terri¬ 
tory)  in  any  case  where  such  personal  property,  so  being  delivered,. 


GENERAL  MUNICIPAL  ORDINANCES 


>162 


is  actually  and  in  good  faith  consigned  goods,  or  has  actually  and  in 
good  faith  been  theretofore  purchased  at  a  place  outside  of  said  terri¬ 
tory  by  such  lawful  occupant  of  such  fixed  place  of  business,  actually 
doing  business  therein,  and  said  property  is  in  either  such  case  then 
being  delivered  to  him  thereat. 

Sec.  4.  The  word  “person”  as  used  in  this  ordinance  shall  in¬ 
clude  partnerships,  associations,  firms,  companies  and  corporations  as 
well  as  natural  persons. 

Sec.  5.  Every  person  who  shall  violate  any  of  the  provisions  of  this 
ordinance  shall  be  guilty  of  a  misdemanor,  and  upon  conviction  thereof 
shall  be  subjected  to  and  shall  pay  a  fine  not  exceeding  one  hundred 
dollars,  and  in  case  the  fine  imposed  be  not  paid,  such  person  shall  be 
imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of 
one  dollar  per  day  until  the  fine  so  imposed  be  satisfied. 

Sec.  6.  All  ordinances  and  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

Sec.  7.  This  ordinance  shall  take  effect  from  and  after  its  ap¬ 
proval. 

(Approved  July  11,  1891.  Vol.  3,  p.  654.) 


ORDINANCE  No.  1354. 


-AN  ORDINANCE  REGULATING  THE  CONSTRUCTION  OF  PRI¬ 
VATE  SEWERS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  Follows: 

Section  1.  No  person  shall  tap  any  public  sewer  or  construct  any 
(private  or  side  sewer  connected  with  any  public  sewer  in  any 
public  street  of  the  City  of  Oakland  without  first  obtaining  the  permit 
hereinafter  mentioned,  or  without  constructing  in  said  sewer  a  suf¬ 
ficient  trap  for  the  prevention  of  any  gas,  effluvia  or  nauseous  smell 
from  escaping  through  the  same  into  any  room,  building,  premises, 
street,  lane  or  alley. 

Sec.  2.  Any  person  desiring  to  tap  any  public  sew'er  or  con¬ 
struct  any  private  or  side  sewer  connecting  with  any  public  sewer 
shall  apply  to  the  Board  of  Public  Works,  who,  upon  deposit  of  the 
sum  of  $20,  shall  issue  a  permit  therefor,  specifying  the  place  where 
such  private  sewer  is  to  be  constructed  or  connection  made,  and  also 
the  time  within  which  said  work  is  to  be  completed.  No  such  permit 
shall  be  granted  to  any  person  who,  in  performing  any  similar  work 
under  a  former  permit,  has  been  derelict  in  the  performance  of  any 
•duty  incumbent  upon  him.  In  place  of  the  said  deposit  of  $20,  a 


OF  THE  CITY  OF  OAKLAND,  CAL. 


163 


L»ond  must  be  given  with  two  sureties,  payable  to  the  City  of  Oak¬ 
land,  for  the  sum  of  five  hundred  dollars,  conditioned  that  all  work 
done  and  material  furnished  by  the  maker  of  said  bond  shall  be  to  the 
satisfaction  and  approval  of  the  Superintendent  of  Streets.  Said 
■bond  shall  be  approved  by  the  City  Attorney  and  Superintendent  of 
-Streets. 


(Amendment  approved  March  21,  1895.  Vol.  4,  p.  674.) 

Sec.  3.  All  such  sewers  shall  be  constructed  of  materials  of 
good  quality,  shall  be  laid  and  cemented  in  a  good  and  workmanlike 
manner;  and  all  connections  with  public  or  other  sewers,  and  also  the 
replacement  of  all  soil,  macadam  or  other  material  removed,  shall 
-also  be  made  and  done  in  a  good  and  workmanlike  manner,  with  dili¬ 
gence,  within  the  time  allowed,  and  to  the  satisfaction  and  approval 
-of  the  Board  of  Public  Works. 

Sec.  4.  Upon  the  proper  completion  of  such  work  within  the 
time  specified,  or  such  reasonable  additional  time  as  the  Board  of 
Public  Works  may  in  their  discretion  grant,  and  upon  their  approval 
of  the  same,  they  shall  return  the  deposit  hereinbefore  referred  to; 
otherwise  the  same  shall  be  at  once  forfeited  and  paid  to  the  City 
Treasurer,  and  the  Board  of  Public  Works  shall  proceed  forthwith  to 
put  in  good  condition  at  the  expense  of  the  City,  the  portion  of  the 
street  which  has  been  dug  up. 

Sec.  5.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Sec.  6.  An  ordinance  entitled  “An  Ordinance  Regulating  Private 
Sewers  in  the  City  of  Oakland,”  approved  July  13,  1870,  is  hereby 

repealed. 

Sec.  7.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  October  2,  1891.  Vol.  3,  p.  722.) 


ORDINANCE  No.  2003. 


AN  ORDINANCEl  REGULATING  THE  MANNER  IN  WHICH  SEW¬ 
ERS  SHALL  BE  CONNECTED  IN  THE  PUBLIC  STREETS. 

"Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: : 

Section  1.  No  connection  with  any  sewer  less  than  eight  inches 
in  diameter  in  a  public  street  shall  be  made  by  cutting  into  such  sewer, 


164 


GENERAL  MUNICIPAL  ORDINANCES 


but  such  connection  shall  be  made  by  taking  out  a  section  of  the- 
sewer  with  which  connection  is  to  be  made  and  replacing  the  same- 
with  a  section  having  a  Y  branch  attached  thereto. 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  One  Hundred  ($100.00)  Dollars, 
and  in  case  such  fine  be  not  paid,  then  by  imprisonment  in  the  City 
Prison  at  the  rate  of  one  (1)  day  for  every  Two  ($2.00)  Dollars  of  the 
fine  so  imposed  and  remaining  unpaid. 

Sec.  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  Aug.  12th,  1899.  Vol.  5,  p.  411.) 


ORDINANCE  No.  1355. 


AN  ORDINANCE  TO  REGULATE  THE  PLACING  OF  BUILDING 

MATERIAL  AND  OTHER  OBSTRUCTIONS  UPON  PUBLIC 

STREETS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  place  or  cause  to  be  placed  on  any 
street,  sidewalk  or  public  place  in  the  City  of  Oakland,  any  material, 
machinery  or  apparatus  for  building,  paving  or  other  purposes  and 
allow  the  same  to  there  remain  for  over  24  hours  without  a  permit 
from  the  Board  of  Public  Works.  Such  permit  shall  specify  the  por¬ 
tion  of  the  street  or  sidewalk  to  be  used  and  the  period  of  such  use, 
which  period  shall  not  be  larger  than  may  be  reasonably  necessary,, 
and  may  be  extended  only  in  case  of  necessity. 

Sec.  2.  Every  person  having  control  of  any  such  material, 
machinery  or  apparatus  shall  obey  every  lawful  direction  of  the  Board 
of  Public  Works  as  to  such  building  material,  whether  contained  in 
said  permit  or  made  after  issuance  thereof. 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Sec.  4.  Section  5  of  an  ordinance  entitled  “An  Ordinance  to  Reg¬ 
ulate  Streets,  Sidewalks  and  Public  Grounds,  etc.,’’  approved  March 
15,  1872,  is  hereby  repealed. 

Sec.  5.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  October  2,  1891.  Vol.  3,  p.  725.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


165 

ORDINANCE  No.  1362. 


AN  ORDINANCE  ESTABLISHING  AND  DEFINING  THE  LINES 

OF  TWELFTH  STREET,  BETWEEN  FALLON  STREET  AND 

FIRST  AVENUE,  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Twelfth  streeet,  between  Fallon  street  and  First  avenue, 
is  hereby  declared  to  be  a  public  street  within  the  following  described 
dines: 

Beginning  at  a  point  on  the  southerly  line  of  Twelfth  street,  dis¬ 
tant  three  hundred  and  seventy-five  and  25-100  feet  (375.25)  easterly 
from  the  southeastery  corner  of  Oak  and  Twelfth  streets,  said  point 
being  forty  and  5-100  (40.05)  feet  southerly  from  the  brass  pin  in  the 
concrete  monument  situated  in  the  center  of  said  Twelfth  street  and 
distant  three  hundred  and  seventy-three  and  15-100  (373.15)  feet  east¬ 
erly  from  the  east  line  of  Oak  street;  thence  running  easterly  from  said 
point  of  beginning  on  a  line  deflecting  seven  degrees  and  thirty-eight 
and  one-half  (7  deg.  38 y2  min.)  minutes  to  the  left,  or  northerly  from 
the  southern  line  of  said  last  named  Twelfth  street (  being  the  pro¬ 
posed  southerly  line  of  Twelfth  street)  a  distance  of  twelve  hundred 
and  seventy-four  (1274)  and  95-100  feet  to  the  intersection  of  the  pro¬ 
posed  southerly  line  of  Twelfth  street  with  the  northwesterly  line  of 
First  avenue;  thence  northeasterly  eighty-one  (81)  3-10  feet  to  the 
intersection  of  the  northwesterly  line  of  First  avenue  with  the  pro¬ 
posed  northerly  line  of  Twelfth  street,  which  is  eighty  (80)  feet  north¬ 
erly  of  and  parallel  with  the  proposed  southerly  line  of  Twelfth  street; 
thence  westerly  and  parallel  with  said  proposed  southerly  line  of 
Twelfth  street  to  a  point  opposite  the  point  of  beginning,  and  eighty 
feet  distant  northerly  therefrom;  thence  southerly  at  right  angles 
•eighty  (80)  feet  to  the  point  of  beginning. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict  are 
hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  November  16,  1891.  Vol.  3,  p.  733.) 

See  also  Ordinance  No.  1116,  “Establishing  Twelfth  street  across 
the  Dam.”  Vol.  3,  p.  406;  and  No.  2142,  declaring  it  a  public  boulevard. 
Vol.  5,  p.  662. 


GENERAL  MUNICIPAL  ORDINANCES 


1 66 


ORDINANCE  No.  1367. 


AN  ORDINANCE  TO  PREVENT  FAST  AND  RECKLESS  DRIVING- 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  ride  or  drive  any  horse  or  other  animal 
upon  any  public  street  or  place  in  the  City  of  Oakland  in  such  a  manner 
as  to  endanger  or  unreasonably  incommode  any  person  or  at  a  rate  of 
speed  exceeding  nine  miles  an  hour. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance - 
is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its. 
approval. 

(Approved  November  17,  1891.  Vol.  3,  p.  739.) 


ORDINANCE  No.  1386. 


AN  ORDINANCE  TO  REGULATE  THE  IMPROVEMENT  OF  THE 

ROADWAY  OF  PUBLIC  STREETS  BY  PRIVATE  CONTRACT- 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  cause  or  allow  the  construction  by 
private  contract  of  any  macadam,  stone,  bituminous  sand  rock  or  sim¬ 
ilar  roadway  in  any  public  street  of  the  City  of  Oakland,  in  front  of 
property  owned  by  him,  or  under  his  charge  or  control,  unless  per¬ 
mission  therefor  shall  have  been  first  obtained  from  the  City  Council. 

Sec.  2.  No  person  having  charge  of,  or  causing  any  such 
work  to  be  done,  shall  cause  or  allow  the  same  to  be  done  otherwise- 
than  in  conformity  to  the  official  grade  and  lines,  and  in  accordance 
with  the  specifications  prescribed  by  the  respective  ordinances  in  force 
and  relating  to  the  same  class  of  work. 

Sec.  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  said 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

(Approved  December  23,  1891.  Vol.  4,  p.  14.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


167 

ORDINANCE  No.  1422. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE  GEN¬ 
ERAL  SPECIFICATIONS  FOR  REPAIRING,  IMPROVING  AND' 

PAVING  THE  STREETS,  AVENUES,  ALLEYS  AND  HIGHWAYS 

OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Councii  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  general  specifications  for  the  repairing,  improv¬ 
ing  and  paving  of  the  streets,  avenues,  alleys  and  highways  of  the  City 
of  Oakland,  which  shall  include  the  grading,  curbing,  forming  gutters, 
cross-walks,  culverts,  macadamizing  and  paving  with  bituminous  sand 
rock  of  said  streets,  avenues,  alleys  and  highways  of  the  City  of  Oak¬ 
land  shall  be  and  are  hereby  determined  to  be  and  fixed  as,  and  declared 
to  be  as  set  forth  herein,  and  the  same  shall  be  the  specifications  for, 
and  all  work  of  repairing,  improving  or  paving  said  streets,  avenues, 
alleys  and  highways  in  the  City  of  Oakland  shall  be  done  under  and 
in  accordance  with  such  specifications,  unless  otherwise  ordered  and' 
officially  determined  by  law. 

Grading. 

Sec.  2.  All  streets  shall  first  be  brought  to  the  proper  sub-grade, 
as  shown  by  the  levels  and  lines  of  the  City  Engineer,  and  the  road¬ 
way  be  given  an  even  surface.  The  roadway  to  be  brought  by  filling 
and  rolling  to  a  true  arc  from  gutter  to  gutter,  and  thoroughly  rolled 
with  a  roller  weighing  not  less  than  ten  tons,  keeping  surface  up  to 
said  arc  by  filling  more  earth  where  depressed  by  rolling. 

In  excavation,  not  over  two  blocks  of  street  to  be  broken  up  at  one 
time,  and  such  blocks  must  be  completed  to  grade  before  ground  is 
broken  for  additional  blocks,  unless  otherwise  requested  by  a  major¬ 
ity  of  owners  of  property  fronting  on  street  to  be  graded. 

In  removing  trees  the  roots  must  be  taken  out. 

At  the  cross  streets  and  at  end  of  work  the  bank  must  be  cut  to  a 
slope  accessible  to  vehicles,  said  slope  to  be  three  horizontal  to  one 
vertical,  and  to  be  estimated  in  the  work. 

In  billing  streets,  no  perishable  or  unwholesome  material  to  be- 
used,  such  as  rubbish,  brush,  straw,  manure,  wood,  or  anything  of¬ 
fensive. 

Cesspools,  old  drains  or  wells  in  the  streets  to  be  cleared  of  any 
impure  matter  and  filled  by  the  contractor. 

In  filling  a  street  during  the  dry  season,  on  which  macadamizing 
or  paving  is  to  follow  the  grading  in  the  same  season,  the  earth  filled 
must  be  put  in  layers  of  one  foot  deep  and  each  layer  rolled  with  a 
roller  of  at  least  ten  tons  weight. 

Contractors  must  during  the  progress  of  the  work,  mark  any  place 


GENERAL  MUNICIPAL  ORDINANCES 


1 68 

liable  to  be  dangerous  to  travel,  by  night  with  lanterns,  and  in  the 
■daytime  with  conspicuous  poles,  stakes  or  red  flags. 

Slopes  into  lots  to  be  not  less  than  1  y2  horizontal  to  1  vertical, 
except  where  the  lots  are  filled  by  the  contractor  at  the  time  of  grad¬ 
ing  the  streets,  in  which  case  there  will  be  no  slope  estimated. 

All  cavities  formed  by  removal  of  old  culverts  and  crosswalks  must 
be  cleared  of  wet  and  springy  earth,  and  where  street  is  to  be  paved 
with  bitumen,  the  cavities  must  be  filled  to  sub-grade  of  foundation 
with  broken  rock,  which  is  to  be  tamped  and  rolled. 

Amout  of  filling  to  be  estimated  in  cubic  yards  of  space  actually 
.filled. 

Curbing. 

Sec.  3.  Article  1 — Wooden  Curbs — Wooden  curbs  are  to  be  of 
sound  3x12  redwood  plank,  free  from  sap,  warp,  wind  or  splits,  securely 
nailed  with  fifty-penny  nails  to  4x4  redwood  stakes  2 y2  feet  long,  unless 
in  the  order  of  work  a  different  length  of  staks  is  sepcified. 

Joints  of  curb  to  be  at  middle  of  stake,  outer  face  of  curbs  made 
flush  by  sizing  curb  next  to  stake.  Stakes  to  be  not  over  ten  feet  apart. 

Article  2 — Granite  or  Sandstone — Granite  or  sandstone  curbs  are  to 
be  six  inches  wide  on  top,  and  to  average  16  inches  in  depth,  but  not 
less  than  14  inches  in  depth.  If  of  sandstone,  the  outer  edge  must  be 
round,  iy2  inch  radius. 

Front  face  to  full  depth  of  gutter  to  be  dressed  even,  top  dressed 
square  and  true,  back  face  dressed  2  inches  in  depth. 

Lengths  not  less  than  four  feet.  Joints  true  and  square. 

Circular  curbs  to  be  of  radius  given  in  plans  on  file  in  City  Clerk’s 
office. 

Granite  or  sandstone  curbs  to  be  firmly  bedded  upon  not  less  than 
4  inches  of  sand  or  gravel.  Earth  either  side  to  be  tamped  solid. 

Cement. 

Article  3.  Cement  curbs  which  are  found  to  be  in  perfect  condition 
of  full  depth,  well  seasoned  and  unimpaired  or  unbroken,  may  remain 
and  be  excepted  from  the  work,  provided  they  are  on  the  official  line 
and  grade. 

New  cement  curbs  are  to  be  constructed  as  follows: 

Size — Width  8  inches,  depth  16  inches,  outer  edge  %  round,  1 
inch  radius.  Interior  of  curb  to  be  of  concrete  composed  as  follows: 
One  part  best  Portland  cement,  two  parts  of  clean,  sharp  sand,  four 
and  a  half  parts  broken  or  crushed  hard  rock  free  from  clay,  slate,  dirt 
or  dust.  The  top  finish  to  be  composed  of  one  part  Portland  cement 
to  one  part  clean,  sharp  sand,  this  finish  to  be  3-4  of  an  inch  thick. 
The  outer  face  of  finish  to  be  of  same  proportion  as  top,  and  not  to  be 
less  than  %  of  an  inch  thick  for  a  depth  of  nine  inches. 

For  mixing  concrete,  parts  to  be  measured  in  bulk,  cement  and 


OF  THE  CITY  OF  OAKLAND,  CAL. 


169 


sand  to  be  mixed  dry  by  turning  at  least  twice,  so  as  to  be  thoroughly 
mixed,  then  thoroughly  mixed  with  the  broken  stone,  sprinkled  with 
clean  water,  while  mixing,  so  as  to  form  a  plastic  mass  and  not  to  run, 
and  so  that  the  concrete  may  be  tamped  in  moulds  without  splashing. 

Place  mould  boards  on  each  side  full  depth  of  curb,  firmly  braced 
in  position.  As  concrete  is  put  in  moulds  work  in  concrete  next  to 
moulds  with  straight  spade.  Tamp  concrete  thoroughly  to  within  3-4 
of  an  inch  of  grade.  The  top  finish  to  be  evenly  finished  to  grade  and 
line. 

In  mixing  concrete  care  must  be  taken  not  to  mix  more  than  can 
be  put  in  place  before  it  sets. 

After  cement  work  is  set  firm,  cover  the  same  with  earth  6  inches 
deep  and  keep  covered  for  three  weeks;  during  hot  weather  earth  to 
be  kept  damp. 

Gutters. 

Sec.  4,  Article  1 — Broken  Rock — All  gutters  to  be  as  herein  desig¬ 
nated,  to-wit:  Broken  rock  gutters  to  be  of  trap  or  basalt  rock,  of  a 
size  to  make  not  more  than  four  pieces  to  one  square  foot  of  sur¬ 
face  of  gutter. 

Depth  of  rock  not  less  than  6  inches. 

No  openings  or  joints  over  1  inch  wide. 

Rock  to  be  paved  on  a  bed  of  sand,  fine  gravel  or  cinders,  of  not 
less  than  6  inches  in  depth. 

Rock  to  have  flat  surfaces  on  top,  and  well  rammed  to  an  even 
surface  and  grade. 

Gutters  to  be  grouted  so  as  to  fill  all  joints  with  Portland  cement, 
grout  in  proportion  of  one  part  cement  to  two  parts  of  coarse  sand  or 
fine  gravel  mixed  with  clean,  fresh  water,  sufficient  to  pour  in  joints, 
joints  being  left  open  to  receive  grout  and  not  otherwise  filled. 

Article  2 — Basalt  or  Belgian  Blocks — Basalt  or  Belgian  block  gut¬ 
ters  to  be  laid  with  blocks  w^hich  are  as  nearly  rectangular  as  possible; 
no  wedge-shaped  blocks  allowed.  Length  of  blocks  not  less  than  8 
inches,  depth  not  less  than  6  inches;  to  be  laid  in  concrete  at  least  4 
inches  thick,  composed  of  1  part  Portland  cement  to  4  parts  fine  gravel. 
Blocks  in  parallel  rows  lengthwise  of  gutter. 

Joints  not  over  1  inch  wide.  Top  surface  laid  to  grade. 

Gutters  to  be  grouted  so  as  to  fill  all  joints  with  liquid  grout,  one 
part  Portland  cement  to  two  parts  of  sand  mixed  with  clean,  fresh 
wrater  sufficient  to  pour  in  and  fill  joints,  the  joints  being  left  open  to 
receive  grout  and  not  otherwise  filled. 

Article  3 — The  form  of  all  gutters  to  be  as  per  section  plan  filed 
in  office  of  City  Clerk. 

Article  4 — Bituminous — Bituminous  gutters  to  be  on  same  founda¬ 
tion  as  bituminous  paving. 

Culverts  of  Class  “A’ 

Sec.  4,  Article  1 — Ironstone — Culverts  of  Class  “A”  are  to  be  con- 


GENERAL  MUNICIPAL  ORDINANCES 


170 


structed  of  well-glazed  vitrified  ironstone  pipe,  with  sockets  free  from 
warps,  cracks  and  other  imperfections.  The  pipe  must  be  straight,  and 
not  vary  from  a  true  cylinder  more  that  1-12  of  an  inch  for  each  three 
inches  diameter  of  pipe. 

The  trench  for  the  pipe  must  be  two  feet  wide,  graded  true,  bottom 
uniformly  solid  and  level. 

Joints  to  be  thoroughly  cemented  with  one  to  two  cement  mortar 
and  cleaned  on  inside  with  swab  or  disk. 

Pipe  to  be  laid  upon  the  bottom  of  the  trench,  the  earth  tamped 
under  pipe  to  two  inches  above  bottom  of  pipe,  and  the  trench  to  be  then 
filled  with  concrete,  well  packed  and  tamped  under  the  lower  quarters 
of  the  pipe,  and  covered  with  6  inches  thickness  of  concrete  on  both 
sides  and  top,  except  at  the  crosswalks,  where  the  top  covering  shall  be 
at  least  3  inches  thick.  After  the  concrete  is  finished  and  has  set  for 
12  hours,  it  must  be  covered  with  earth  to  a  depth  of  at  least  six  inches, 
and  remain  so  covered  for  one  week. 

“Y”  branches  with  conduit  pipes  to  be  laid  and  concreted  in  same 
manner  as  culverts,  as  shown  on  plan  posted  with  Proposals  for  Street 
W  ork. 


Culverts  of  Class  “B” 

Article  2.  (Cast-iron  Culverts,  with  or  without  cast-iron  bottoms) 
— The  material  to  be  of  the  best  cast-iron,  coated  inside  and  out  with 
a  double  coat  of  paraffine  paint.  They  shall  conform  in  every  particu¬ 
lar  to  the  section  plan  posted  with  Proposals  for  Street  Work. 

Culverts  with  cast-iron  bottoms  shall  be  bedded  upon  and  in 
cement  mortar  two  inches  thick.  The  proportion  of  this  mortar  shall 
be  one  barrel  of  cement  to  six  barrels  clean  gravel. 

Culverts  with  concrete  bottoms  shall  rest  upon  a  concrete  founda¬ 
tion  six  inches  thick,  inside  finish  one-half  inch  thick,  troweled  smooth. 
The  top  and  sides  of  culvert  shall  be  covered  with  concrete,  all  as  per 
section  plan  posted  with  Proposals  for  Street  Work.  The  concrete 
must  be  rammed  to  place  before  setting. 

Article  3 — Culverts  of  Class  “C” — (Wooden  and  iron  culverts  com¬ 
bined) — The  wooden  bridge  across  the  gutters  must  be  of  good,  sound 
fir  plank  three  inches  thick  and  twelve  inches  wide,  free  from 
sap,  large  or  loose  knots.  Width  of  bridge,  six  feet. 

These  planks  must  be  spiked  with  50-penny  spikes  to  a  four  by 
six  redwood  sill  at  the  outer  end,  and  to  the  curb  at  the  inner  end, 
except  the  center  plank,  which  must  be  fastened  to  the  curb  and  sill 
with  four-inch  Spikes,  with  their  heads  set  into  the  planks  so  as  to  come 
flush  with  the  surface  of  the  same. 

Where  the  curbing  is  concrete  or  stone,  the  bridge  plank  must  be 
spiked  to  a  four  by  six  redwood  sill,  and  laid  in  concrete  against  the 
curbing. 

The  pipe  to  be  used  must  be  of  the  form  showTn  on  the  plan  posted 
with  the  Proposals  for  Street  Work. 

The  culvert  must  extend  between  the  paved  gutters  under  the 


OF  THE  CITY  OF  OAKLAND,  CAL. 


171 


wooden  bridges,  and  must  be  laid  on  a  solid  foundation,  the  joints  to  be 
securely  cemented  or  leaded. 

For  further  details  and  dimensions  reference  is  hereby  made  to  said 
plan  posted  with  Proposals  for  Street  Work. 

Crosswalks — Class  “A.” 

Sec.  5,  Article  1.  All  crosswalks  to  be  of  either  class  A,  B,  or  C, 
the  requirements  of  which  respectively  are  as  follows: 

Class  A  to  be  of  bituminous  sand-rock,  not  less  than  two  inches 
thick,  laid  upon  six  inches  of  concrete;  bitumen  to  be  laid  on  hot  and 
rolled  with  hot  rollers.  Edge  of  bitumen  to  be  turned  under  at  sides, 
the  macadam  lapping  over  flush  with  surface  of  bitumen.  After  the 
concrete  is  finished  and  has  set  for  twelve  hours,  it  must  be  covered 
with  earth  at  least  six  inches  in  depth,  and  remain  so  covered  at  least 
one  week  before  the  bitumen  is  laid.  The  earth  covering  must  be  en¬ 
tirely  removed  anu  the  concrete  swept  clean  before  laying  bitumen. 

Class  “B 

Article  2.  Class  B  to  be  of  bitumenous  sand-rock,  not  less  than  two 
inches  thick,  laid  upon  six  inches  of  crushed  rock  of  same  class  of  mac¬ 
adam  as  used  on  the  street,  and  that  will  pass  through  two  and 
one-half  inch  ring.  Rock  to  be  bonded  with  screenings  and  rolled  with 
roller  of  at  least  ten  tons  weight.  Bitumen  to  be  laid  in  same  manner 
as  in  class  A. 

Article  3.  The  crosswalks  of  classes  A  and  B  shall  extend  from 
curb  to  curb,  unless  in  the  order  of  work  wooden  bridges  over  gutters 
are  required.  These  bridges  must  be  as  in  Section  4  provided. 

Class  “C  ” 

Article  4.  Class  C  to  be  of  same  material  as  macadam  used  on 
street,  but  raised  three  inches  above  surface  of  macadam,  of  width  of  6 
feet,  to  have  wooden  bridges  same  as  culverts  of  Class  C. 

(As  amended  June  5,  1901.  Vol.  5,  p.  546.) 

Macadam. 

Sec.  6,  Article  1.  All  macadamizing  shall  be  done  only  with  hard 
rock  of  igneous  character  known  as  hard  blue  trap  rock  or  hard  gray 
trap  rock,  or  basalt  rock,  and  shall  be  such  rock  only  as  shall  come 
within  the  requirements  of  either  first  class  rock  or  second  class  rock, 
the  requirements  of  which  classes  are  as  follows,  to- wit: 

1st  class  rock  shall  be  rock  of  igneous  character  and  formation, 
trap  or  basalt,  of  irregular  cleavage,  and  such  as  shall  not  lose  by  ero¬ 
sion  and  fracture,  upon  testing  same  in  the  “rattler,”  belonging  to  the 
City  of  Oakland  for  purposes  of  testing  rock,  revolving  at  the  rate  of 
not  less  than  28  revolutions  per  minute  for  three  hours,  more  than  fif¬ 
teen  per  cent  of  its  original  weight. 


172 


GENERAL  MUNICIPAL  ORDINANCES 


2d  class  rock  shall  be  trap  or  basalt  rock  such  as  shall  not  lose  by 
erosion  and  fracture  upon  testing  the  same  in  the  said  “rattler/’  re¬ 
volving  at  the  rate  of  not  less  than  28  revolutions  per  minute  for  three 
hours,  more  than  28  per  cent  of  its  original  weight. 

Article  2.  All  rock  submitted  or  which  shall  be  used  in  the  mac¬ 
adamizing  of  a  street  shall  be  of  the  character  and  size  and  of  the 
class  as  herein  designated  and  as  called  for  by  the  Resolution  of  In¬ 
tention  each  respectively,  and  shall  be  subjected  to  a  test  of  three 
hours  in  said  “  rattler,”  revolving  at  the  rate  of  not  less  than  28  revo¬ 
lutions  per  minute,  by  the  City  Engineer,  or  Street  Committee,  or  both, 
and  no  rock  that  after  such  test  does  not  retain  at  least  the  mini¬ 
mum  weight  required  by  the  requirements  of  the  class  called  for  in  the 
Resolution  of  Intention  and  Proposals  for  Street  Work,  in  each  case 
respectively,  shall  be  used  upon  the  streets,  nor  accepted  by  the  City 
officials. 

Article  3.  The  wrork  of  macadamizing  a  street  shall  be  of  three 
grades  or  classes,  designated  as  Class  A,  Class  B  and  Class  C.  The 
requirements  of  each  respectively  shall  be  as  follows: 

Class  A.  After  the  grading  and  rolling  of  the  street  to  the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  first-class  rock,  as  above 
designated,  or  a  uniform  depth  of  nine  inches  before  rolling,  composed 
of  rock  of  a  size  to  pass  through  a  3  inch  ring,  shall  be  placed  on  the 
subgrade,  and  then  thoroughly  rolled  with  a  ten-ton  roller,  and  so  that 
a  uniform  surface  is  presented  and  so  that  the  crown  of  the  street  shall 
be  preserved  as  per  cross  section  for  such  street  filed  in  the  office  of  the 
City  Clerk.  The  top  surface  to  be  well  covered  so  as  to  thoroughly  fill 
all  the  interstices  with  fine  screenings  of  said  first-class  rock,  which 
screenings  shall  not  be  of  a  size  less  than  %  of  an  inch  in  any  direction, 
such  top  covering  in  no  event  to  be  less  than  1  inch  or  more  than  1  % 
Inches  in  depth.  The  whole  then  to  be  well  watered  and  thoroughly 
rolled  with  a  roller  of  not  less  than  ten  tons  in  weight. 

Class  B.  After  the  grading  and  rolling  of  the  street  to  the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  said  first-class  rock  of  a 
uniform  depth  of  seven  inches  before  rolling,  composed  of  rock  of  a 
size  to  pass  through  a  three-inch  ring,  shall  be  placed  on  the  sub¬ 
grade,  and  then  be  thoroughly  rolled  with  a  ten-ton  riller,  and  so  that 
a  uniform  surface  is  presented,  and  so  that  the  crown  of  the  street  shall 
be  preserved  as  per  cross  section  for  such  street  filed  in  the  office  of 
the  City  Clerk.  The  top  surface  to  be  well  covered  so  as  to  thoroughly 
fill  all  the  interctices  with  fine  screenings  of  said  first-class  rock,  which 
screenings  shall  not  be  of  a  size  less  than  %  of  an  inch  in  any  direction, 
such  top  covering  in  no  case  to  be  less  than  1  inch  or  more  than  1  y2 
inches  in  depth.  The  whole  then  to  be  well  watered  and  thoroughly 
rolled  with  a  roller  of  not  less  than  ten  tons  weight. 

Class  C.  After  the  grading  and  rolling  of  the  street  to  the  proper 
subgrade  as  prescribed  hereinbefore,  a  layer  of  second-class  rock,  as 
above  designated,  of  a  uniform  depth  of  six  inches  before  rolling,  com- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


173 


posed  of  rock  of  a  size  to  pass  through  a  three-inch  ring,  shall  be 
placed  on  the  subgrade,  and  then  thoroughly  rolled  with  a  ten-ton 
roller,  and  so  that  uniform  surface  is  presented,  and  so  that  the  crown 
of  the  street  shall  be  preserved,  as  per  cross  section  for  such  street 
filed  in  the  office  of  the  City  Clerk.  The  top  surface  to  be  well  covered 
so  as  to  thoroughly  fill  all  the  interstices  with  fine  screenings  of  said  sec¬ 
ond-class  rock,  which  screenings  shall  not  be  of  a  size  less  than  %  of 
an  inch  in  any  direction,  such  top  covering  in  no  event  to  be  less  than 
one  inch  or  more  than  iy2  inches  in  depth.  The  whole  then  to  be  well 
watered  and  thoroughly  rolled  with  a  roller  of  not  less  than  ten  tons  in 
weight. 

(As  amended  Sept.  23,  1898.  Vol.  5,  p.  318.) 

Bituminous  Paving. 

Sec.  7,  Article  1.  All  bituminous  paving  to  be  of  one  of  the  classes 
as  follows: 


First  Class. 


For  the  first  class,  the  bituminous  sand  rock  shall  be  2  y2  inches 
thick,  laid  on  a  6-inch  concrete  foundation. 

Concrete  to  be  in  place  and  rammed  before  setting. 

Concrete  to  be  Avet  twice  a  day  for  seven  days,  and  be  kept  clean 
before  being  covered  with  the  bituminous  sand  rock. 

Second  Class. 

Article  2.  For  the  second  class  the  bituminous  sand  rock  shall  be 
2  inches  thick,  laid  upon  a  foundation  of  6  inches  of  said  second-class 
rock.  The  size  of  the  rock  and  the  method  of  laying  and  compacting 
the  same  to  be  as  in  this  ordinance  provided  for  macadamizing.  The 
roadbed  to  be  graded  and  rolled  to  sub-grade  of  rock  with  a  roller  not 
less  than  ten  tons  weight. 

Third  Class. 


Article  3.  For  the  third  class,  the  bituminous  sand  rock  to  be  1  y2 
inches  thick,  laid  on  the  old  macadam,  provided  the  macadam  is  not 
less  than  6  inches  thick,  and  the  top  surface  at  sub-grade  of  bitumen. 
Otherwise  it  shall  be  laid  on  a  layer  of  6  inches  of  said  second-class 
rock,  upon  the  same  method  of  laying  the  rock  as  provided  for  mac¬ 
adam.  The  roadbed  to  be  graded  and  rolled  to  sub-grade  of  rock,  with 
a  roller  not  less  than  ten  tons  weight. 

General  Provisions. 


Article  4.  All  bituminous  sand  rock  shall  be  laid  hot,  raked, 
smoothed  and  rolled  with  hot  irons  and  rollers  to  a  true  and  even 
surface,  and  then  finally  rolled  with  a  ten-ton  roller.  Measurement 
for  thickness  of  bitumen  must  be  made  after  this  final  rolling  of  same. 

The  bitumen  shall  be  conveyed  to  the  Avork  in  such  manner  that 


174 


GENERAL  MUNICIPAL  ORDINANCES 


neither  horses  nor  vehicles  touch  the  concrete  or  rock  foundation  after 
it  has  been  rolled.  All  soft  and  spongy  earth  to  be  removed  in  grading 
for  bituminizing  and  any  holes  below  sub-grade  filled  with  rock  or  grav¬ 
el  and  thoroughly  tamped  or  rolled  to  sub-grade  of  rock. 

Concrete. 

Sec.  8,  Article  1.  When  concrete  is  used  in  any  work  herein  pro¬ 
vided  for,  the  following  provisions  shall  govern: 

Proportions  for  concrete,  for  bituminous  cross-walks,  for  laying 
cast-iron  culverts  with  concrete  bottoms,  and  for  first-class  bituminous 
sand  rock  paving,  shall  be:  One  (1)  barrel  cement,  three  (3)  barrels 
clean,  sharp  sand,  six  (6)  barrels  clean,  hard,  seamless,  second-class 
rock  crushed  to  about  the  size  of  two-inch  cubes.  Proportions  for 
concrete  for  laying  iron-stone  pipe  culverts  shall  be:  One  (1)  barrel 
cement  to  six  (6)  barrels  of  gravel.  Inside  finish  of  the  concrete  bot¬ 
toms  for  cast-iron  culverts  shall  be  one  to  one  Portland  cement  mortar. 

Article  2.  Concrete  shall  be  mixed  either  by  the  most  approved 
machine  mixers  or  by  hand.  If  the  latter  process,  then  in  the  fol¬ 
lowing  manner:  The  rock  must  be  spread  upon  a  level  flooring,  so  as 
to  make  a  pile  uniform  8-  inch  thickness,  rectangular  in  shape.  The 
cement  and  sand  to  be  thoroughly  mixed  dry  in  mortar  boxes  apart 
from  the  rock.  The  mixture  is  to  be  then  spread  evenly  upon  the 
broken  rock.  The  whole  mass  thus  obtained  to  be  then  first  mixed  dry, 
so  that  the  sand  and  cement  shall  be  thoroughly  incorporated  with 
the  rock,  and  then  finally  mixed  by  shoveling  it  over  while  being 

■N 

sprinkled  with  water.  There  must  be  no  loose  water  in  the  heap  or  on 
the  flooring.  The  rock  must  be  clean  and  well  washed  immediately  be¬ 
fore  being  spread  upon  the  flooring  as  above  described. 

The  concrete  must  be  mixed  in  batches  or  quantities  each  not 
exceeding  what  can  be  laid  and  rammed  before  the  cement  has  set. 

Sec.  9.  Whenever  the  word  cement  is  used  in  this  ordinance 
the  best  quality  of  fresh  Portland  "cement,  subject  to  approval  of  City 
Engineer  and  Board  of  Public  Works,  is  intended.  Lumpy  cement  must 
be  rejected.  By  a  barrel  of  Portland  cement  is  meant  an  unbroken 
original  package  or  barrel,  of  full  standard  weight  and  measure.  The 
barrel  for  measuring  the  sand  and  rock  must  be  of  the  same  size  as  the 
cement  barrel. 

General  Provisions. 

Sec.  10,  Article.  1.  All  resolutions  of  intention  shall  declare  the 
class  of  the  paving,  macadam,  culverts  or  cross-walks,  as  herein 
specified. 

Article  2.  In  macadamizing  or  paving  streets  the  roadbed  shall 
be  cleared  of  all  rubbish,  refuse,  slush  and  spongy  earth. 

Article  3.  Trenches  caused  by  sewer,  gas,  or  water  pipe  to  be 
settled  by  water  and  tamped  solid. 

Article  4.  Roadbed  to  be  brought  to  a  true  and  even  arc,  and 


N* 


{ 


OF' THE  CITY  OF  OAKLAND,  CAL.  175 

thoroughly  compacted  by  rolling  with  a  roller  of  at  least  ten  tons 
weight  before  laying  any  rock,  and  of  at  least  ten  tons  weight  before 
laying  concrete  for  bituminous  paving. 

Article  5.  All  work  shall  be  to  the  official  line  and  grade,  as  set 
by  the  City  Engineer,  and  shall  conform  to  the  general  or  special  plan, 
posted  with  the  Proposals  for  Street  Work. 

Article  6.  All  work  must  be  so  prosecuted  as  not  to  blockade  the 
street  unnecessarily.  Lanterns  must  be  set  by  the  contractor  at  night 
to  mark  piles  of  material  and  obstructions. 

Article  7.  Upon  completion  of  the  work  the  contractor  shall  re¬ 
move  all  surplus  material  from  the  street.  No  street  having  loose  rock 
upon  its  surface  will  be  considered  finished  and  acceptable. 

Article  8.  All  work  shall  be  done  to  the  satisfaction  of  the  Super¬ 
intendent  of  Streets. 

Article  9.  Each  bidder  for  street  work  shall  file  with  the  City 
Clerk  and  with  the  Superintendent  of  Streets,  at  least  once  before 
filing  his  proposals,  and  whenever  requested,  samples  of  material  to  be 
used.  The  materials  furnished  must  be  up  to  the  standard  of  the  sam¬ 
ples  upon  any  work  which  may  thereafter  be  awarded  to  said  bidder. 

Proposals — How  Made. 

Sec.  11,  Article  1.  All  proposals  to  be  upon  blanks  furnished  by 
the  City  Clerk. 

Article  2.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Article  3.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval.  ^ 

(Amendment  approved  May  29,  1893.  Vol.  4,  p.  427.) 

(Approved  May  12,  1892.  Vol.  4,  p.  188.) 

[Note — The  specifications  might  provide,  if  desirable,  that  the  City 
steam  roller  must  be  used.  See  97  Cal.  108.] 

_  f 


ORDINANCE  No.  1437. 


AN  ORDINANCE  PROVIDING  REGULATIONS  CONCERNING  AC¬ 
CEPTANCES  OF  IMPROVED  PUBLIC  STREETS  IN  THE  CITY 
OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  In  addition  to  the  requirements  and  conditions  re¬ 
quired  by  the  general  law  concerning  the  acceptance  of  public  streets. 


I 


176 


GENERAL  MUNICIPAL  ORDINANCES 


after  the  same  have  been  fully  constructed,  the  following  regulations 
are  hereby  adopted  as  the  regulations  to  be  followed  and  complied  with 
before  acceptance  of  any  street  by  the  City  Council. 

No  street,  or  portion  of  street,  less  than  the  entire  width  of  the 
roadway,  including  the  curb,  and  at  least  one  block  in  length,  or  one 
entire  crossing-,  shall  be  accepted. 

No  street,  or  a  portion  of  a  street,  shall  be  accepted  until  after  the 
same  shall  have  been  fully  constructed  to  the  satisfaction  of  the  Super¬ 
intendent  of  Streets  ,of  the  City  Engineer  and  of  the  City  Council,  and 
shall  be  in  good  condition  throughout,  and  shall  have  been  constructed 
under  and  in  conformity  with  the  following  requirements,  to-wit: 

Such  street,  or  portion  of  street,  including  curbing,  shall  be  graded 
to  the  official  grade  throughout  its  entire  width,  and  curbed  in  accord¬ 
ance  with  specifications  contained  in  Ordinance  No.  1422,  or  such  other 
specifications  as  hereafter  may  be  be  adopted,  and  macadamized  or  re¬ 
macadamized  with  first-class  rock,  in  accordance  with  the  specifications 
of  said  Ordinance  No.  1422,  or  such  other  specifications  as  hereafter 
may  be  adopted,  or  in  lieu  of  such  macadamizing  shall  have  been  paved 
with  bituminous  sand  rock  in  accordance  with  the  provisions  of  said 
ordinance,  or  paved  with  Belgian  blocks  or  compressed  asphaltum  or 
bituminous  sand  rock  blocks,  or  stradamant  pavement,  in  accordance 
with  specifications  therefor  adopted  by  ordinance  of  said  City  Council. 
There  must  be  also  in  such  street  a  good  and  sufficient  sewer,  con¬ 
structed  in  accordance  with  the  specifications  for  sewers  and  sewer 
work  now  adopted,  or  that  may  hereafter  be  adopted,  for  such  work 
by  said  Council;  and  there  must  also  be  gas  and  water  pipe  mains 
laid  in  such  street  in  a  good  and  workmanlike  manner  and  of  suffi¬ 
cient  size. 

Sec.  2.  No  street  or  portion  of  street  shall  be  accepted  until 
the  Superintendent  of  Streets  and  the  City  Engineer  certify  to  the 
City  Council  that  such  street  has  been  fully  constructed  as  provided 
by  law  and  this  ordinance,  and  to  the  satisfaction  of  said  Superintend¬ 
ent  of  Streets  and  of  said  City  Engineer,  which  certificate  shall  recite 
the  nature  of  the  improvements  made,  and  the  materials  of  which  any 
existing  roadway  or  curb  is  constructed;  and  it  shall  be  the  duty  of 
Said  Superintendent  of  Streets  and  of  said  City  Engineer,  whenever 
any  street  or  portion  of  a  street  is  entitled  to  acceptance,  as  provided 
by  law  and  this  ordinance,  to  file  such  certificate  thereof  with  the 
City  Clerk. 

Sec.  3.  An  ordinance  entitled  “An  Ordinance  Regulating  the  Ac¬ 
ceptance  of  Improved  Public  Streets  in  the  City  of  Oakland.”  numbered 
1211,  and  approved  October  3rd,  1890,  is  hereby  repealed. 

Sec.  4.  This  ordinance  takes  effect  immediately  upon  its  passage 
and  approval. 

(Approved  Aug.  8,  1892.  Vol.  4,  p.  245.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


177 


ORDINANCE  No.  2088. 


AN  ORDINANCE  REGULATING  THE  GRANTING  OF  PERMISSION 

TO  DO  STREET  WORK  BY  PRIVATE  CONTRACT  AND  PRO¬ 
VIDING  THE  MANNER  IN  WHICH  THE  SAME  SHALL  BE 

DONE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  permission  to  perform  street  work  by  private  con¬ 
tract  shall  be  granted,  or  if  granted  shall  be  valid  unless  the  person 
applying  for  the  same  shall  have  (1)  filed  with  the  City  Clerk  plans 
and  specifications  for  the  work,  prepared  by  the  City  Engineer  and  with 
the  signature  of  the  City  Engineer  endorsed  thereon;  (2)  filed  with  the 
Superintendent  of  Streets  a  certified  copy  of  said  plans  and  specifica¬ 
tions  and  of  the  contract  entered  into  between  the  contractor  and  the 
property  owners;  which  said  contract  shall  provide  for  the  comple¬ 
tion  of  the  work  within  a  specified  time,  (which  time  may  be  extended 
by  the  City  Council)  and  for  the  construction,  in  conformity  with  the 
plans  prepared  by  the  City  Engineer  and  the  specifications  adopted  by 
the  City  Council  for  street  work  of  the  character  contracted  for,  and 
for  the  completion  of  the  work  to  the  satisfaction  and  acceptance  of  the 
Superintendent  of  Streets. 

Sec.  2.  All  street  work  done  by  private  contract  shall  be  in  ac¬ 
cordance  with  the  plans  and  specifications,  to  the  line  and  grade  estab¬ 
lished  by  the  City  Engineer,  and  shall  be  to  the  satisfaction  and  accept¬ 
ance  of  the  Superintendent  of  Streets. 

Sec.  3.  Upon  completion  of  the  work  specified  in  the  contract  the 
contractor  shall  secure  (1)  from  the  City  Efigineer,  the  engineer’s  certi¬ 
ficate,  which  shall  state  the  work  has  been  done  to  the  established  line 
and  grade;  (2)  from  the  Superintendent  of  Streets,  the  Street  Super¬ 
intendent’s  certificate,  which  shall  state  that  the  work  has  been  done 
in  conformity  with  the  plans  and  specifications  and  to  the  satisfaction 
and  acceptance  of  the  Superintendent  of  Streets. 

Sec.  4.  The  City  Engineer  shall  receive  for  the  services  performed 
by  him,  in  connection  with  private  contracts,  granted  pursuant  to  the 
terms  of  this  ordinance,  the  same  fees  as  are  now  allowed  or  shall  be 
hereafter  allowed  by  ordinance  for  engineering  work  in  connection  with 
public  contracts. 

Sec.  5.  The  Street  Superintendent  shall  have  the  same  power  to 
appoint  a  suitable  person  to  superintend  construction  as  is  or  may  be 
vested  in  the  Street  Superintendent  by  the  general  law  of  the  State  of 
California  in  the  case  of  public  contracts  and  the  compensation  of  such 
person  shall  be  the  same  as  for  special  superintendents  employed  under 
public  contracts. 

Sec.  6.  The  Street  Superintendent  shall  collect  all  fees  due  for 


178 


GENERAL  MUNICIPAL  ORDINANCES 


printing’,  engineer’s  fees  and  special  superintendent's  compensation, 
and  shall  not  issue  to  the  contractor  the  Street  Superintendent’s  cer¬ 
tificate  hereinbefore  provided  for,  until  the  fees  above  mentioned  are 
paid. 

Sec.  7.  Any  person,  firm  or  corporation  who  shall  collect  money  or 
attempt  to  collect  money  for  work  done  under  any  private  contract 
granted  pursuant  to  the  terms  of  this  ordinance,  until  the  certificates 
of  the  City  Engineer  and  Street  Superintendent  shall  have  been  issued, 
as  hereinbefore  provided  for,  or  who  shall  violate  or  attempt  to  violate 
any  of  the  provisions  of  this  ordinance,  shall  be  denied  the  privilege  of 
thereafter  doing  any  kind  of  street  work  in  the  City  of  Oakland. 

Sec.  8.  Ordinance  No.  1923  of  the  City  of  Oakland,  approved  Au¬ 
gust  27th,  1898,  and  Ordinance  No.  2007  of  the  City  of  Oakland,  approved 
August  12th,  1899,  and  all  other  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Sec.  9.  This  ordinance  shall  take  effect  immediately. 

(Approved,  June  15th,  1901.  Vol.  5,  p.  548.) 


ORDINANCE  No.  1460. 


AN  ORDINANCE  REGULATING  THE  REMOVAL  OF  BUILDINGS 
ON,  OVER  OR  THROUGH  PUBLIC  STREETS  AND  HIGH¬ 
WAYS. 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  shall  remove  or  cause 
to  be  moved  any  building  in  the  City  of  Oakland,  on,  over  or  through 
any  public  street  or  highway  therein,  except  having  first  complied  with 
the  provisions  hereof. 

Sec.  2.  Any  person,  firm  or  corporation  desiring  to  remove  or 
cause  to  be  removed  any  building  shall  first  obtain  the  written  assent 
to  such  removal  from  persons  owning  a  majority  of  front  feet  of  lots 
in  the  same  block  on  the  same  street  in  which  it  is  proposed  to  locate 
such  building  to  be  removed,  and  also  of  persons  owning  a  majority 
of  front  feet  opposite  the  proposed  location  and  within  150  feet  of  the 
same;  provided,  howrever,  that  the  foregoing  provisions  shall  not 
apply  to  any  person  removing  a  building  upon  his  own  premises  and 
not  going  upon  the  premises  of  any  other  person,  or  upon  any  street, 
alley,  or  other  public  place  in  making  such  removal;  and  provided, 
further,  that  in  case  the  consent  hereinbefore  provided  for  cannot  be 
obtained,  then  such  removal  may  be  made  after  consent  obtained  from 
the  Council. 

(Amendment  approved  October  2,  1894.  Vol.  4,  p.  611.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


179 


Sec.  3.  No.  person,  firm  or  corporation  shall  move,  or  cause 
to  be  moved,  on,  over  or  through  any  public  street  or  highway  in 
said  city  any  building  without  first  obtaining  from  the  Board  of  Public 
Works  a  permit  in  writing  so  to  do.  Such  permit  shall  be  issued  only 
upon  presentation  of  the  written  assent  to  the  removal  of  such  build¬ 
ing  as  provided  for  in  Section  2  of  this  ordinance,  and  shall  not  be 
issued  until  after  the  person,  firm  or  corporation  so  applying  therefor 
shall  have  first  delivered  to  the  Tax  Collector  a  bond,  running  to  the 
City  of  Oakland,  in  the  sum  of  $500,  with  at  least  two  good  and  suf¬ 
ficient  sureties,  approved  by  the  Mayor  and  City  Attorney,  which  bond 
shall  be  conditioned  that  the  party  so  desiring  to  move  buildings  in  said 
City  will  strictly  comply  with  all  the  conditions  and  requirements  of 
this  ordinance  and  of  any  ordinance  hereafter  passed  regulating  house 
moving,  and  of  any  order,  rule  or  regulation  concerning  house  mov¬ 
ing  that  may  hereafter  be  passed  by  the  Board  of  Public  Works,  and 
that  said  party  will  pay  any  and  all  damages  which  may  result  by 
reason  of  any  house  moving  in  the  City  of  Oakland  by  said  party,  his 
agents,  employees  or  workmen,  to  any  fence,  tree,  pavement,  streets, 
sidewalk,  horse  car,  cable,  electric  or  steam  railroad  line,  or  to  any 
telegraph  pole  or  wire  belonging  to  the  City  of  Oakland,  or  belong¬ 
ing  to  any  telegraph  or  telephone  company  having  a  franchise  in  said 
city,  and  conditioned  further  that  said  party,  said  principal,  will  save, 
indemnify  and  keep  harmless  the  City  of  Oakland  against  all  liabil¬ 
ities,  judgments,  costs  and  expenses  which  may  in  any  wise  accrue 
against  said  city  in  consequence  of  the  granting  of  such  permit,  and 
will  in  all  things  strictly  comply  with  the  conditions  of  such  permit. 
Any  such  bond  filed  by  any  person,  firm  or  corporation  shall  operate 
as  a  bond  for  the  purposes  required  by  this  ordinance  for  the  term  of 
one  year  from  the  date  of  filing  thereof,  in  so  far  that  no  other  or 
additional  bond  need  be  given  by  such  party  for  the  removal  of  houses 
in  said  city  during  the  said  period  of  one  year,  and  at  the  expiration  of 
said  year  a  new  bond  shall  be  required  to  be  filed  by  such  party  before 
the  issuance  to  such  party  of  any  permits  hereunder. 

Such  permit  shall  specify  the  character  of  the  building  to  be 
moved,  the  place  from  which  and  to  which  said  building  is  to  be  moved, 
and  the  streets  on,  over  or  through  which  such  removal  may  be  made; 
and  said  building  shall  not  be  moved  on,  over  or  through  any  other 
streets,  except  those  named  in  said  permit.  Said  permit  shall  not  be 
issued  until  after  payment  of  the  sum  of  ten  dollars  therefor  to  the 
Secretary  of  the  Board  of  Public  Works. 

(Amendment  approved  April  29,  1903.  Vol.  6,  p.  68.) 

Sec.  4.  All  removals  made  under  such  permits  shall  be  done 
in  a  careful  manner,  and  shall  be  prosecuted  with  dilligence,  and  shall 
be  under  the  superintendence  and  control,  and  to  the  satisfaction  and 
approval  of  the  Board  of  Public  Works. 

Sec.  5.  No  person,  firm  or  corporation  owning  or  having  charge 
of  the  removal  of  any  building  through  the  public  streets,  shall  permit 
said  building  to  be  or  stand  on  any  street,  lane,  alley  or  public  grounds 


i8o 


GENERAL  MUNICIPAL  ORDINANCES 


within  the  limits  of  one  block  for  a  longer  period  than  twenty-four 
hours. 

Sec.  6.  No  person,  firm  or  corporation  owning  or  having  charge 
of  the  removal  of  any  buliding  through  the  public  streets,  shall  allow  or 
cause  the  injury  of  any  street,  sidewalk,  curb,  tree,  fence  or  private  or 
public  property  by  reason  of  such  removal. 

Sec.  7.  No  person,  firm  or  corporation  owning  or  having  charge 
of  the  removal  of  any  building  shall  bermit  the  same  to  obstruct  any 
horse  car,  cable  road  or  electric  road  in  operation,  nor  the  line  of  any 
steam  railroad,  except  between  the  hours  of  1  a.  m.  and  5  a.  m. 

Sec.  8.  When  the  cutting  or  temporary  removal  of  any  pole  or 
poles  or  of  any  public  or  private  telepgraph,  telephone,  electric  light 
wire,  or  any  other  wire  passing  along  or  over  any  street,  lane  or  alley, 
becomes  necessary  for  the  removal  of  any  building,  the  person  in 
charge  of  such  removal,  at  least  six  hours  in  advance  of  reaching  the 
same,  shall  notify  the  person  having  charge  of  and  control  over  such 
wire  or  wires,  and  the  person  so  notified  shall  cause  such  wires  to 
be  promptly  cut  or  removed  and  replaced.  Provided,  however,  that  in 
every  case  in  which  the  cutting  of  the  wires  of  the  City  of  Oakland 
many  be  necessary  the  City  Electrician  shall  be  notified,  and  he  shall 
have  the  wires  cut  and  replaced,  the  person  or  persons  having  charge 
of  the  removal  of  the  buildings  paying  the  entire  cost  and  expense  of 
the  cutting,  removal  and  replacing  of  the  same. 

Sec.  9.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  in  case 
such  fine  be  not  paid  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Sec.  10.  The  City  Council  may,  at  any  time,  for  such  cause  as 
they,  or  a  majority  of  them,  upon  investigation,  may  deem  sufficient, 
revoke  any  permission  or  license  granted  under  this  ordinance;  and 
it  is  specially  ordained  and  declared  that  all  such  permits  and  licenses 
granted  in  accordance  with  the  provisions  of  this  ordinance,  although 
granted  for  the  nominal  term  of  one  year,  are  held  at  the  pleasure  of 
said  City  Council. 

Sec.  11.  An  ordinance  entitled  “An  Ordinance  Regulating  the  Re¬ 
moval  of  Buildings  in  Public  Streets  and  Places,”  approved  November 
18,  1891,  is  hereby  repealed. 

Sec.  12.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  September  30,  1892.  Vol.  4,  p.  288.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


181 


ORDINANCE  No.  1221. 


AN  ORDINANCE  TO  REGULATE  THE  ISSUANCE  OF  PERMITS 

BY  THE  BOARD  OF  PUBLIC  WORKS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  permits  granted  by  the  Board  of  Public  Works  shall 
be  in  writing,  and  shall  be  issued  by  the  Secretary  of  said  Board. 

(Amendment  approved  August  25,  1892.) 

Sec.  2.  All  permits  issued  by  said  Board  shall  specify  the  date 
of  issuance,  name  of  person  to  whom  issued,  the  act  or  acts  to  do  which 
permission  is  granted,  the  place  where  and  the  time  within  which  such 
act  or  acts  are  to  be  done,  and  may  also  contain  such  particular  di¬ 
rections  as  to  the  manner  of  doing  such  work  as  the  Board  in  its  dis¬ 
cretion  may  prescribe. 

Sec.  3.  (Repealed  by  Ordinance  No.  2163.) 

Sec.  4.  A  classified  record  and  alphabetical  index  of  all  permits 
shall  be  kept  by  said  Board  in  proper  books  prepared  for  the  purpose. 

'Sec.  5.  This  ordinance  shall  take  effect  immediately  upon  its 
■approval. 

(Approved  October  30,  1890.  Vol.  3,  p.  532.) 


ORDINANCE  No.  1869. 

AN  ORDINANCE  REGULATING  THE  HEIGHT  OF  AWNINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  erect  or  maintain 
or  to  cause  or  permit  to  be  erected  or  maintained,  upon  or  over  any 
sidewalk  within  the  City  of  Oakland,  any  awning  the  height  of  which 
above  such  sidewalk,  shall  be  less  than  seven  (7)  feet. 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punshed  by  a  fine  of  not  to  exceed  one  hundred  ($100.00) 
dollars,  and  in  case  such  fine  be  not  paid,  then  by  imprisonment  in 
the  City  Prison  at  the  rate  of  one  (1)  day  for  each  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Sec.  4.  This  ordinance  shall  take  effect  immediately  upon  its  ap¬ 
proval. 

(Approved  Feb.  1,  1898.  Vol.  5,  p.  228. 


182 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1482. 


AN  ORDINANCE  TO  PROHIBIT  THE  ERECTION  OR  MAINTE¬ 
NANCE  OP  WOODEN  AWNINGS  OVER  OR  UPON  THE  SIDE¬ 
WALKS  OF  A  CERTAIN  STREET  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  erect  or  maintain  any  wooden  awning 
over  or  upon  any  sidewalk  of  such  portion  of  that  public  street  or 
thoroughfare  situated  in  the  City  of  Oakland  and  officially  designated 
and  known  by  the  name  of  “Broadway,”  as  lies  between  the  center  line 
of  Seventh  street  and  a  point  on  said  “Broadway”  two  hundred  feet 
south  of  the  southerly  line  of  First  street. 

Sec.  2.  Every  person  violating  any  provision  of  this  ordinance  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
dollar  of  the  fine  so  imposed. 

Sec.  3.  This  ordinance  shall  take  effect  sixty  days  from  and  after 
its  approval. 

(Approved  Dec.  16,  1892.  Vol  4,  p.  340.) 


ORDINANCE  No.  1602. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE  GEN¬ 
ERAL  SPECIFICATIONS  FOR  THE  CONSTRUCTION  OF  PIPE 
SEWERS,  MANHOLES,  LAMPHOLES,  CATCHBASINS  AND 
FLUSH  TANKS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  general  specifications  for  the  construction  of  pipe 
sewers,  manholes,  lamp  holes,  catch  basins  and  flush  tanks  shall  be, 
and  are  hereby,  determined  to  be  as  follows: 

Excavation. 

Article  2.  The  width  of  trench  from  top  to  bottom  shall  be  eight 
no  tunneling  to  be  allowed  except  by  special  permission  of  the  proper 
official. 

Article  2.  The  width  of  trench  from  top  to  bottm  shall  be, eight 
inches  wider  on  each  side  than  the  exterior  diameter  of  the  pipe. 


OP  THE  CITY  OF  OAKLAND,  CAL. 


183 


Article  3.  The  sides  of  trench  shall  parallel  to,  and  at  an  equal 
distance  on  each  side  of  the  center  line  of  sewer  as  surveyed  by  the 
City  Engineer  or  his  deputy. 

Article  4.  The  bottom  of  trench  shall  be  graded  to  the  exact 
grade,  which  shall  be  obtained  by  measuring  with  a  rod  from  a  fine 
string  drawn  tightly,  parallel  with  the  grade,  to  the  bottom  grade  for 
the  outside  of  pipe;  said  string  to  be  stretched  between  grade  planks, 
which  shall  be  at  least  two  inches  thick;  said  planks  to  be  laid  level 
and  at  right  angles  across  trench  from  grade  stakes  set  by  the  City 
Engineer. 

Article  5.  Crosscuts  deep  enough  to  receive  the  sockets  of  pipes 
shall  be  cut  in  the  bottom  of  trench  so  the  pipe  will  not  rest  on  the 
sockets  or  collars. 

Article  6.  The  sides  of  trench  shall  be  supported  with  suitable 
planking  and  bracing  whenever  necessary. 

Article  7.  Where  the  trench  is  in  rock  the  excavation  must  be  six 
inches  below  grade;  and  the  bottom  brought  to  grade  with  earth 
well  rammed. 

Article  8.  Whenever  the  bottom  of  the  trench  comes  in  mud  or 
quicksand,  the  bottom  must  be  made  solid  by  replacing  the  mud  or 
quicksand  with  earth  or  sand,  or  by  plank  or  timber,  sufficient  to  en¬ 
sure  a  firm  foundation. 

Article  9.  Where  there  is  macadam  on  the  line  of  excavation  the 
rock  shall  be  kept  in  separate  piles  from  the  earth,  and  in  refilling 
the  macadam  must  be  handled  with  a  close-tined  fork,  separating  the 
fine  rock  from  the  coarse  rock.  The  coarse  rock  shall  be  replaced  first 
and  the  fine  rock  placed  on  top.  The  rock  must  then  be  rolled  with  a 
roller  of  at  least  four  tons  weight. 

Pipe. 

Article  10.  The  pipes  shall  be  designated  by  their  interior 
diameter.  They  shall  be  of  the  best  quality  of  vitrified  iron-stone, 
with  sockets  thoroughly  burned  and  free  from  cracks  or  other  defects. 

Article  11.  The  pipe  shall  be  thoroughly  glazed  on  exterior  and 
interior  surfaces. 

Article  12.  The  pipe  shall  not  vary  from  a  true  cylinder  more 
than  one-twelftli  (1-12)  of  an  inch  for  each  three  (3)  inches  of  diameter 
of  pipe. 

Article  13.  The  thickness  of  pipe  shall  be  no  less  than  the  fol¬ 
lowing: 

For  six  inches  diameter  %  of  an  inch. 

For  eight  inches  diameter  %  of  an  inch. 

For  ten  inches  diameter  %  of  an  inch. 

For  twelve  inches  diameter  %  of  an  inch. 

For  fourteen  inches  diameter  one  inch. 

For  sixteen  inches  diameter  1%  inches. 

For  eighteen  inches  diameter  iy±  inches. 


1 84 


GENERAL  MUNICIPAL  ORDINANCES 


For  twenty  inches  diameter  1%  inches. 

For  twenty-two  inches  diameter  1%  inches. 

For  twenty-four  inches  diameter  1%  inches. 

Article  14.  All  pipe  before  being  laid  shall  be  examined  by  the 
Superintendent  of  Construction.  The  pipe  must  be  of  proper 
dimensions,  must  be  straight,  must  be  free  from  cracks,  must  be 
thoroughly  glazed,  as  required  by  Article  11.  All  lumps  and  scales 
must  be  scraped  off  from  the  inner  surface  with  a  trowel  or  other  in¬ 
strument  by  the  contractor  before  the  pipe  is  brought  near  the  trench. 

(Laying  Pipe.) 

Article  15.  The  pipe  must  be  sounded  for  cracks,  which  will  not 
be  allowed  in  the  work.  All  pipes  must  be  fitted  together  and  matched 
before  being  lowered  into  the  trench,  so  as  to  secure  the  truest  line 
possible  on  the  bottom  of  the  interior  of  the  pipes.  They  must  be 
marked  when  in  this  position  and  laid  in  the  trench  as  marked. 

Article  16.  Each  pipe  must  lie  on  the  grade  of  trench  and  the 
spigot  end  be  bedded  in  the  cement  mortar  in  the  socket  of  the  pipe 
previously  laid;  said  cement  mortar  to  extend  auound  the  inside  of 
said  socket  on  the  lower  half  of  the  circle.  Care  must  be  taken  that 
the  lower  inside  surfaces  of  the  pipes  are  flush  or  even. 

Article  17.  The  outsides  of  sockets  must  be  bedded  also  in  mortar 
laid  in  the  crosscuts  previously  cut  in  the  trench. 

Article  18.  The  pipe  must  be  pressed  along  into  the  socket  so 
that  the  spigot  end  will  be  at  most  one-fourth  inch  from  the  shoulder 
of  the  socket.  After  the  pipe  is  properly  on  grade  and  line  the  socket 
of  the  preceding  pipe  must  be  filled  all  around  with  cement  mortar 
and  pressed  in  with  the  hand-filling  mortar  flush  with  outside  of 
socket  and  one  inch  on  body  of  entering  pipe. 

Article  19.  As  soon  as  the  pipe  is  laid  and  cemented,  fine  earth, 
gravel  or  sand  must  be  pressed  under  the  sides  of  the  pipe  and  half 
way  up  the  sides  of  the  pipe  before  the  next  pipe  is  laid. 

Article  20.  After  the  pipe  is  in  place  the  joint  inside  must  be 
scraped  with  a  circular  disc  or  swab  to  remove  any  surplus  cement 
and  to  smooth  the  joint  inside  or  a  sack  filled  with  straw,  to  fit  the 
pipe  closely  and  with  a  rope  attached  to  pull  the  sack  through  each 
joint  as  it  is  laid,  may  be  used. 

Article  21.  Any  pipe  which  has  been  disturbed  after  the  cement 
has  set  must  be  taken  up,  the  joints  cleaned  and  relaid  with  new  ce¬ 
ment  mortar. 

Article  22.  No  part  of  the  sewer  shall  be  laid  in  water,  nor  any 
water  allowed  in  or  around  the  pipe  until  the  cement  has  set  and 
the  pipe  is  covered  with  at  least  one  foot  of  earth.  The  contractor 
must  provide  a  pump  or  other  means  of  keeping  water  from  the  work. 

(Cement  Mortar.) 

Article  23.  The  cement  mortar  shall  be  composed  of  the  best 
quality  of  fresh  Portland  cement  mixed  dry  with  clean,  sharp  sand  in 


OF  THE  CITY  OF  OAKLAND,  CAL. 


185 


the  proportion  of  one  part  of  cement  to  two  parts  of  sand;  after  being 
thoroughly  mixed,  water  enough  to  be  added  to  admit  of  stirring.  No 
mortar  which  has  been  standing  over  one  hour  to  be  used. 

Article  24.  No  lime  or  lime  mortar  allowed  in  or  about  the  work. 

(Refilling.) 

Article  25.  After  the  pipes  have  been  properly  laid  the  space 
above  the  center  of  pipe  and  between  them  and  the  sides  shall  be  filled 
with  fine  earth  or  sand,  both  sides  being  filled  at  the  same  time 
and  carefully  tamped  with  small  iron  tampers  so  as  not  to  jar  or  dis¬ 
turb  the  pipe.  But  no  filling  shall  be  done  until  the  work  has  been  in¬ 
spected  and  approved  by  the  proper  officer  whose  duty  it  is  to  in¬ 
spect  and  approve  the  same.  After  the  filling  is  made  as  above  to  a 
height  of  eighteen  (18)  inches  above  the  top  of  pipe  the  trench  may  be 
filled  and  settled  with  water.  If  water  cannot  be  obtained,  the  filling 
shall  be  filled  in  layers  of  earth  and  sand  of  not  more  than  one  (1) 
foot  in  thickness,  spread  evenly  and  tamped  thoroughly  on  each  layer. 

(Y  Branches.) 

Article  26.  Y  branches  only  shall  be  used  for  the  side  connect¬ 
ions  which  shall  be  constructed  at  such  places  as  may  be  called  for  in 
the  Order  of  Work.  The  openings  in  the  Y  branches  shall  be  closed 
with  terra  cotta  covers  where  they  are  not  used  before  filling  the 
sewer,  said  Y  branches  to  be  laid  and  cemented  in  the  same  manner 
as  the  main  pipes;  the  covers  in  branches  to  have  the  joints  puttied 
with  cement  mortar  on  the  outside  only.  Each  Y  branch  shall  have 
.a  stake  immediately  over  it  in  the  ditch,  the  stake  to  be  driven  in  the 
side  of  the  ditch  near  the  surface,  the  stake  to  be  three  inch  by  four 
inch  redwood,  by  two  feet  long. 

(Manholes.) 

Article  27.  Manholes  shall  be  constructed  along  the  line  of  the 
sewers  at  such  places  as  may  be  designated  in  the  Order  of  Work. 
They  shall  be  constructed  of  hard  bricks  laid  in  cement  mortar.  No 
bats  or  ill-shaped  bricks  to  be  allowed.  The  bottom  shall  be  of 
brick  or  concrete.  The  thickness  of  the  wall  shall  be  eight  inches. 
The  bottom  shall  be  elliptical  in  form,  three  by  four  feet  in  the 
•clear,  drawing  to  a  circle  at  the  top  of  the  brick  work.  Particular 
care  must  be  taken  in  forming  the  bottom  of  manholes  to  make  the 
•curves  of  tributary  sewers  as  easy  as  possible.  The  top  shall  be  cov¬ 
ered  with  perforated  cast-iron  cover  with  dust  pan  underneath.  The 
manhole  shall  conform  in  all  respects  to  the  detail  drawing  filed  with 
plans.  If  the  brick  ventilating  form  be  used  it  shall  conform  to  the 
plan  now  on  file  in  the  office  of  the  City  Clerk,  and  the  flue  shall  be 
filled  with  charcoal  of  the  proper  quality  and  size  and  cover  cemented 
on. 

Article  28.  Whenever  the  ground  is  too  soft  for  the  foundation, 
the  manhole  is  to  be  laid  on  a  two  (2)  inch  redwood  floor,  full  size 
‘Of  manhole  outside. 


i86 


GENERAL,  MUNICIPAL  ORDINANCES 


Article  29.  Walls  of  manholes  to  be  such  that  a  vertical  section 
will  show  a  straight  line  from  the  bottom  to  the  top  of  the  interior  sur¬ 
face. 

Article  30.  All  brick  shall  be  thoroughly  sprinkled  with  water 
immediately  before  laying  and  shall  be  laid  in  cement  mortar  com¬ 
posed  of  one  part  cement  to  three  parts  clean,  sharp  sand. 

Article  31.  The  surfaces  of  manholes  shall  be  plastered  with 
cement  mortar  one-half  inch  thick,  composed  of  one  part  cement  to 
one  part  clean,  sharp  sand.  The  surface  of  the  walls  to  be  brushed 
clean  and  smooth  after  applying  the  cement  plaster. 

Article  32.  Whenever  the  manhole  is  above  the  surface,  as  in  the 
case  of  a  street  which  is  below  the  official  grade,  the  outside  of  man¬ 
hole  above  the  surface,  to  be  plastered  same  as  the  inside. 

(Lamp  Holes.) 

Article  33.  Lamp  holes  shall  be  constructed  by  placing  an 
8-inch  T  branch  vertically  in  the  sewer  and  bringing  it  up  near  to 
the  street  surface,  by  adding  pipes  of  the  same  diameter,  the  pipes  to 
be  connected  and  laid  with  the  same  care  as  in  the  sewer.  The  top 
shall  be  protected  by  a  suitable  cover  and  the  lamp  hole  constructed 
in  all  respects  to  conform  to  the  detailed  drawing  furnished  wTith 
plans.  If  the  iron  ventilating  form  be  used,  it  shall  conform  in  all 
respects  to  the  plan  on  file  in  the  office  of  the  City  Clerk  and  shall 
be  constructed  with  the  same  care  and  attention  to  detail  as  the  rest 
of  the  work.  The  flue  shall  be  filled  with  charcoal  of  the  proper  qual¬ 
ity  and  size,  and  the  cover  cemented  in. 

(Flush  Tanks.) 

Article  34.  Flush  tanks  shall  be  constructed  of  hard-burned 
brick  carefully  laid  in  cement  mortar,  so  as  to  be  water  tight.  For 
kind,  form,  size  and  details,  see  drawings  furnished  with  plan  of  work. 
The  water  supply  pipe  within  the  flush  tank  and  extending  through 
the  wall  and  one  foot  outside,  together  with  suitable  brass  stop-cocks 
for  regulating  the  water  supply,  shall  be  furnished  by  the  contractor. 
The  flush  tanks  shall  be  constructed  in  the  positions  designated  on 
the  plan  of  work. 

(Catch  Basins.) 

Article  35.  Catch-basins  shall  be  constructed  in  all  respects  in 
conformity  with  the  detailed  drawings  accompanying  the  plan  of 
work  and  built  in  the  position  designated  on  plan.  Brick  work  to  be 
of  the  same  character  as  that  for  manholes.  If  the  ventilating  form  be 
used  they  shall  be  constructed  to  conform  in  all  respects  with  the 
plan  on  file  in  the  office  of  the  City  Clerk  and  the  supplemental  flue 
shall  be  filled  with  charcoal  of  proper  size  and  quality,  in  the  same 
manner  as  for  ventilating  manholes. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


187 


(General  Provisions.) 

Article  36.  Whenever  the  word  cement  is  used  in  these  specifi¬ 
cations  the  best  quality  of  fresh  Portland  cement  is  to  be  understood, 
subject  to  the  approval  of  the  City  Engineer  and  the  Superintendent 
of  Streets.  Lumpy  cement  must  be  rejected. 

Article  37.  All  lumber  that  may  be  used  in  securing  a  founda¬ 
tion,  shall  be  black  heart  redwood. 

Article  38.  All  rejected  material  must  be  at  once  removed  from 
the  street. 

Article  39.  All  water  and  gas  pipes  to  be  properly  supported  where 
crossing  or  lying  along  the  trench. 

Article  40.  All  work  done  and  material  furnished  to  be  under 
the  direction  of  and  satisfactory  to  the  Superintendent  of  Streets  and 
the  City  Engineer  of  the  City  of  Oakland,  in  their  respective  capacities 
as  provided  by  law. 

Article  41.  All  work  is  to  be  done  in  a  skillful  and  workmanlike 
manner,  and  in  strict  accordance  with  the  true  intent  and  meaning 
of  the  specifications;  and  such  additional  specifications  as  may  be  neces¬ 
sary  to  cover  special  matters  and  unusual  cases,  shall  be  included  in 
the  Order  of  Work  whenever  demanded. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Apr.  14,  1894.  Vol.  4,  p.  543.) 


ORDINANCE  No.  1609. 


AN  ORDINANCE  IMPOSING  A  GROUND  RENTAL  OF  $2.50  PER 
ANNUM  FOR  EACH  TELEGRAPH  OR  TELEPHONE  POLE 
ERECTED  OR  USED  BY  TELEGRAPH,  TELEPHONE  OR  RAIL¬ 
ROAD  COMPANIES  IN  THE  STREETS,  ALLEYS  OR  PUBLIC 
PLACES  OF  THE  CITY  OF  OAKLAND,  AND  PROVIDING  FOR 
THE  PAYMENT  AND  COLLECTION  THEREOF;  AND  RE¬ 
QUIRING  ALL  SUCH  COMPANIES  USING  POLES  IN  THE 
STREETS,  ALLEYS  OR  PUBLIC  PLACES  OF  SAID  CITY  TO 
KEEP  $50  ON  DEPOSIT  WITH  THE  CITY  TREASURER,  SUB¬ 
JECT  TO  THE  ORDER  OF  THE  BOARD  OF  PUBLIC  WORKS, 
TO  PAY  FOR  CERTAIN  REPAIRS  TO  SAID  STREETS,  ALLEYS 
OR  PUBLIC  PLACES,  AND  PROVIDING  FOR  THE  ENFORCE¬ 
MENT  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


Section  1.  From  and  after  the  first  day  of  July,  1894,  every 
telegraph,  telephone  or  railroad  company  doing  business  in  the  City 


x88 


GENERAL  MUNICIPAL  ORDINANCES 


of  Oakland  shall  pay  to  said  city  for  the  privilege  of  using  the  streets, 
alleys  and  public  places  thereof,  the  sum  of  $2.50  per  annum  for  each 
and  every  telegraph  or  telephone  pole  erected  or  used  by  it  in  the 
streets,  alleys  or  public  places  of  said  city. 

Section  2.  Every  such  telegraph,  telephone,  or  railroad  company 
shall  deposit  with  the  City  Auditor  on  the  first  day  of  June  of  each 
year,  a  verified  statement  showing  the  number  of  poles  erected  or 
used  by  it  in  the  streets,  alleys  or  public  places  of  said  city  since  the 
first  day  of  July  next  prior  thereto. 

Section  3.  The  Auditor  shall  copy  and  record  said  statement  in  a 
book  kept  by  him  for  that  purpose  and  shall  then  file  the  same  with 
the  City  Clerk.  It  shall  be  the  duty  of  the  Auditor  to  ascertain  the 
correctness  of  said  statement,  or  if  none  be  deposited  with  him,  he 
shall  ascertain  the  facts  desired  from  such  a  statement.  If  the  state¬ 
ment  be  correct,  the  Auditor  shall  furnish  a  memorandum  of  its  con¬ 
tents  to  the  City  Treasurer.  If  it  be  incorrect,  or  if  no  statement  shall 
have  been  deposited  with  the  Auditor  as  herein  provided,  the  mem¬ 
orandum  shall  be  in  conformity  to  the  facts  as  ascertained  by  him. 

Section  4.  If  any  telegraph,  telephone  or  railroad  company  shall 
fail  to  deposit  the  statement  as  required  by  Section  2  hereof,  or  shall 
report  therein  a  less  number  of  poles  than  is  required  by  said  Section 
2,  the  Auditor  shall  set  forth  such  facts  in  the  said  memorandum,  and 
the  Treasurer  shall  collect  from  such  company,  at  the  same  time  with 
the  payment  provided  for  in  Section  1  hereof,  the  sum  of  fifty  cents 
additional  for  each  pole  of  such  company  failing  to  report,  or  if  re¬ 
porting,  omitted  from  its  statement. 

Section  5.  The  payments  provided  for  in  Sections  1  and  4  hereof, 
shall  be  made  to  the  City  Treasurer  between  the  tenth  day  and  the 
twentieth  day  of  June  of  each  year,  and  shall  be  placed  by  him  in  the 
General  Fund  and  shall  correspond  in  amount  with  the  memorandum 
furnished  by  the  Auditor. 

Section  6.  In  case  default  is  made  in  any  payment  as  provided  by 
this  ordinance,  the  Treasurer  shall  at  once  notify  the  City  Attorney  of 
that  fact,  who  shall  immediately  commence  and  conduct  necessary 
proceedings  in  the  proper  court  in  behalf  of  the  city  for  the  collection 
of  the  amount  remaining  unpaid. 

Section  7.  Every  such  telegraph,  telephone  or  railroad  company 
shall  keep  on  deposit  with  the  City  Treasurer  the  sum  of  $50.00,  sub¬ 
ject  to  the  order  of  the  Board  of  Public  Works,  to  be  used  by  said 
Board  in  restoring  any  sidewalk,  gutter,  street,  alley  or  public  place 
injured  or  displaced  in  the  erection,  alteration,  repair  or  removal  of 
any  pole  of  such  company,  when  such  company  refuses  or  fails  to 
make  such  restoration  to  the  satisfaction  of  the  Superintendent  of 
Streets.  Any  company  failing  to  make  such  deposit  within  thirty  days 
after  the  approval  of  this  ordinance,  or  within  five  days  after  com¬ 
mencing  business,  if  a  new  company,  or  which  shall  fail  to  make  good 
the  amount  when  any  portion  of  it  has  been  expended  as  herein  pro¬ 
vide^  within  five  days  after  notice  to  such  company  by  the  said  Super- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


189 


intendent,  shall  be  prohibited  from  erecting-,  altering,  repairing  or 
removing  any  pole  in  any  street,  alley  or  public  place  until  such  deposit 
has  been  made  as  provided  herein. 

Section  8.  Any  person,  firm  or  corporation,  or  any  employee  or 
officer  of  any  firm  or  corporation,  who  shall  erect,  alter,  repair  or 
remove,  or  who  shall  attempt  to  erect,  alter,  repair  or  remove  any 
pole  in  any  street,  alley  or  public  place  in  this  city  in  violation  of  the 
provisions  of  Section  7  of  this  ordinance,  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof  shall  be  fined  a  sum  not  ex¬ 
ceeding  $250.00,  and  in  case  said  fine  be  not  paid,  then  by  imprisonment 
in  the  City  Prison  at  the  rate  of  one  day  for  each  two  dollars  so  im¬ 
posed  and  remaining  unpaid. 

Section  9.  This  ordinance  shall  take  efteect  from  and  after  its 
passage  and  approval. 

Section  10.  All  ordinance  and.  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

(Approved  June  19,  1894.  Vol.  4,  p.  559.) 


ORDINANCE  No.  1617. 


AN  ORDINANCE  PROHIBITING  THE  USE  WITHIN  THE  LIMITS 
OF  THE  CITY  OF  OAKLAND  OF  ANY  CART,  WAGON  OR 
OTHER  VEHICLE  FOR  THE  PURPOSE  OF  CARRYING  SAND, 
EARTH  OR  ROCK  ON  OR  OVER  THE  PUBLIC  STREETS  OF 
THE  SAID  CITY  UNLESS  THE  SAME  IS  TIGHT  AND  SO 
CONSTRUCTED  AS  TO  PREVENT  THE  DEPOSIT  OF  SUCH 
SAND,  EARTH  OR  ROCK,  IN  WHOLE  OR  IN  PART,  IN  OR 
UPON  THE  PUBLIC  STREETS  THROUGH  WHICH  SAID  CART, 
WAGON  OR  VEHICLE  MAY  BE  DRIVEN. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  use  within  the  limits  of  the  City  of  Oakland  any  cart,  wagon  or 
other  vehicle  for  the  purpose  of  carrying  sand,  earth  or  rock  on  or 
over  the  public  streets  of  the  said  city,  unless  the  same  is  tight  and  so 
constructed  as  to  prevent  the  deposit  of  such  sand,  earth  or  rock,  in 
whole  or  in  part,  in  or  upon  the  public  street  through  which  said  cart, 
wagon  or  vehicle  may  be  driven. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars,  and 


190 


GENERAL  MUNICIPAL  ORDINANCES 


in  case  said  fine  be  not  paid,  then  the  person  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  3,  1894.  Vol.  4,  p.  572.) 


ORDINANCE  No.  1626. 


AN  ORDINANCE  TO  PREVENT  THE  OBSTRUCTION  OF  SIDE¬ 
WALKS  BY  WEEDS.  GRASS  AND  OTHER  VEGETABLE 

GROWTHS. 

Be  it  ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
having  the  control,  possession  or  ownership  of  any  lot  of  land  within 
the  limits  of  the  City  of  Oakland,  to  permit  or  allow  the  sidewalk  in 
front  of  said  lot  of  land  to  become  obstructed  by  weeds,  grass  or  other 
vegetable  growth  in  such  manner  as  to  deface  the  sidewalk,  impede 
travel  or  menace  the  public  safety  in  the  matter  of  fire. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars;  and  in 
case  said  fine  be  not  paid,  then  the  person  so  fined  may  be  imprisoned 
in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force, 
from  and  after  its  passage  and  approval. 

(Approved  September  8,  1894.  Vol.  4,  p.  598.) 


ORDINANCE  No.  1683. 


AN  ORDINANCE  REQUIRING  EVERY  PERSON,  COMPANY  OR 
CORPORATION  OWNING,  CONTROLLING  OR  USING  TELE¬ 
GRAPH  OR  TELEPHONE  POLES  LOCATED  IN  ANY  PUBLIC 
ALLEY,  STREET  OR  PLACE  WITHIN  THE  LIMITS  OP  THE 
CITY  OF  OAKLAND,  TO  NUMBER  SUCH  POLES  AND  TO  HAVE 
THE  NAME  OF  THE  OWNER  OR  OWNERS  THEREOF  PAINT¬ 
ED  ON  SAID  POLES  AND  PROVIDING  A  PENALTY  FOR  VIO¬ 
LATION  OF  THE  PROVISIONS  THEREOF. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


191 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  From  and  after  the  first  day  of  June,  1895,  every  per¬ 
son,  company  or  corporation  owning,  controlling  or  using  telegraph 
or  telephone  poles  located  in  any  public  alley,  street  or  place  within, 
the  limits  of  the  City  of  Oakland,  shall  number  in  consecutive  numbers, 
beginning  with  the  number  one,  with  colored  paint,  in  numericals  not 
less  than  three  and  one  half  inches  long,  each  and  every  such  pole  owned, 
used  or  controlled  by  such  person,  company  or  corporation,  and  shall 
paint  on  each  one  of  said  poles  in  colored  paint  in  letters  not  less  than 
one  and  one  half  inches  in  length,  the  name  of  the  owner  or  owners  of 
such  pole.  The  said  numbers  and  names  shall  be  painted  not  less  than 
three  nor  more  than  seven  feet  above  the  surface  of  the  ground  or  other 
substance  in  which  such  poles  are  placed, 

Slection  2.  If  any  person,  firm  or  corporation  shall  refuse  or 
neglect  to  paint  the  number  or  owner’s  name  upon  any  pole  as  required 
in  Section  1  of  this  ordinance,  it  shall  be  the  duty  of  the  Chief  of  Police 
of  this  City  of  Oakland  to  notify  the  City  Council  of  the  fact  of  such 
refusal  or  neglect. 

Section  3.  Any  person,  company  or  corporation  violating  any  pro¬ 
vision  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  one 
hundred  dollars,  for  every  such  telegraph  or  telephone  pole  belonging 
to  or  controlled  or  used  by  such  person,  company  or  corporation  not 
so  numbered  and  named. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force  from 
and  after  the  date  of  its  passage  and  approval. 

(Approved  June  6,  1895.  Vol.  4,  p.  686.) 


ORDINANCE  No.  1704. 


AN  ORDINANCE  TO  REGULATE  THE  USE  OF  THAT  PORTION 
OF  THE  BOULEVARD  ALONG  THE  EASTERN  SHORE  OF 
LAKE  MERRITT  EXTENDING  FROM  THE  EAST  LINE  OF 
TWELFTH  STREET,  TO  THE  JUNCTION  OF  EAST  EIGHT¬ 
EENTH  STREET  AND  ATHOL  AVENUE,  IN  THE  CITY  OF 
OAKLAND,  AND  TO  PREVENT  INJURY  THERETO  BY  THE 
DRIVING  THEREON  OF  HEAVILY  LOADED  VEHICLES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  drive  or  place  or  cause  to  be  driven  or  placed,  any  truck,  cart,  wagon 
or  vehicle,  loaded  with  or  carrying  wood,  hay,  grain,  coal,  iron,  rock, 
earth,  merchandise,  or  other  freight,  upon  that  certain  street  known  as 


192 


GENERAL  MUNICIPAL  ORDINANCES 


the  boulevard,  extending  from  the  east  line  of  Twelfth  street,  to  the 
junction  of  Edst  Eighteenth  street  and  Athol  avenue,  carrying  a  greatei 
weight  than  one  thousand  pounds  in  one  load. 

Section  2.  Any  person,  firm  or  corporation  who  violates  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  ana 
in  case  said  fine  be  not  paid,  then  the  person  or  persons  so  fined  muy 
be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate 
of  one  day  for  each  two  dollars  of  the  fine  so  imposed  and  remaining 
unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force  im¬ 
mediately  upon  its  passage  and  approval. 

(Approved  September  24,  1895.  Vol.  4,  p.  718.) 


ORDINANCE  No.  1729. 


AN  ORDINANCE  PROVIDING  FOR  THE  POSTING  OF  THE  NAMES 

OF  THE  STREETS,  AVENUES,  PUBLIC  PLACES,  AND  THOR¬ 
OUGHFARES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  name  of  each  street,  avenue  and  thoroughfare  in 
the  City  of  Oakland  shall  be  placed  on  one  corner  of  each  cross  street 
or  avenue.  The  placing  of  names  on  public  places  shall  be  under  the 
direction  of  the  Board  of  Public  Works. 

Section  2.  The  regulation  sign  shall  be  a  redwood  board,  one  inch 
thick  by  four  inches  wide,  and  eighteen  inches  long,  painted  black 
with  white  letters  or  figures,  or  a  metallic  sign  with  white  enamel 
letters  or  figures. 

Section  3.  It  shall  be  the  duty  of  the  Superintendent  of  Streets 
to  attend  to  the  placing  of  signs  as  herein  provided. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  Feb.  21,  1896.  Vol.  5,  p.  30.) 


ORDINANCE  No.  1752. 


AN  ORDINANCE  DECLARING  AND  DETERMINING  THE  GENERAL 
SPECIFICATIONS  FOR  THE  CONSTRUCTION  OF  PRIVATE  OR 
SIDE  SEWERS  IN  THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


193 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  general  specifications  for  the  construction  of  private 
or  side  sewers  shall  be  and  are  hereby  determined  to  be  as  follows: 

Section  2 — (Excavation) — Article  1.  The  ground  shall  be  excavated 
in  open  trenches,  no  tunneling  to  be  allowed  except  by  special  per¬ 
mission  of  the  Inspectors. 

Article  2.  Crosscuts  deep  enough  to  receive  the  sockets  of  pipes 
shall  be  cut  in  the  bottom  of  trench  so  the  pipe  will  not  rest  on  the 
sockets  or  collars. 

Article  3.  The  pipes  and  fittings  shall  be  designated  by  their  In¬ 
terior  diameter.  They  shall  be  of  the  best  quality  of  vitrified  ironstone, 
with  sockets,  thoroughly  burned  and  free  from  cracks  or  other  defects. 

Article  4.  The  pipe  and  fittings  shall  be  thoroughly  glazed  on  ex¬ 
terior  and  interior  surfaces.  All  pipe  before  being  laid  shall  be  ex¬ 
amined  by  the  sanitary  inspectors.  The  pipe  must  be  of  the  propcr 
dimensions,  straight  and  free  from  cracks.  AH  lumps  and  scales  must 
be  scraped  off  from  the  inner  surface  with  a  trowel  or  other  instrument 
by  the  contractor  before  the  pipe  is  brought  near  the  trench. 

Article  5.  The  pipe  must  be  pressed  along  into  the  sockets  so  that 
the  spigot  end  will  be  at  most  one-fourth  inch  from  the  shoulder  of 
the  socket.  After  the  pipe  is  properly  on  grade  and  line  the  socket 
of  the  preceeding  pipe  must  be  filled  all  around  with  cement  mortar  and 
pressed  in  with  the  hand,  filling  mortar  flush  with  outside  of  socket, 
and  one  inch  on  body  of  entering  pipe. 

Article  6.  As  soon  as  the  pipe  is  laid  and  cemented,  fine  earth, 
gravel  or  sand  must  be  pressed  under  the  sides  of  the  pipe  and  hair 
way  up  the  sides  of  the  pipe  before  the  next  pipe  is  laid. 

Article  7.  After  the  pipe  is  in  place  the  joint  inside  must  be  scraped 
with  a  circular  disk  or  swab  to  remove  any  surplus  cement  and  tu 
smooth  the  joint  inside. 

Article  8.  Any  pipe  which  has  been  disturbed  after  the  cement 
has  set  must  be  taken  up,  and  the  joints  cleaned  and  relaid  with  new 
cement  mortar. 

Article  9.  All  joints  on  said  iron-stone  pipe  shall  be  made  with 
the  best  quality  of  fresh  Portland  cement,  properly  mixed  with  clean, 
sharp  sand,  the  proportions  thereof  being  one  part  cement  and  two- 
parts  sand,  subject  to  the  approval  of  the  Sanitary  Inspectors.  Lumpy 
cement  must  be  rejected. 

Article  10.  The  diameter  of  the  pipe  from  the  sewer  in  the  street 
to  the  property  line  must  not  be  less  than  five  (5)  inches,  except  in 
the  Golden  Gate  and  Adeline  sewer  districts,  where  four  (4)  inch  pipe 
may  be  used.  The  sewer  must  be  land  at  a  uniform  grade  throughout 
its  entire  length,  and  in  as  straight  a  line  as  possible.  All  changes  in 
direction  must  be  made  with  curved  pipes,  and  all  connections  warn 
“Y”  branches,  and  one-eighth  or  one-sixth  bends.  (Amendment  ap¬ 
proved  Aug.  27,  1897.  Vol.  5,  p.  165.) 


194 


GENERAL  MUNICIPAL  ORDINANCES 


Article  11.  All  persons  before  connecting  with,  or  opening,  or  pen- 
etratating  any  public  sewer  or  drain,  must  first  obtain  a  permit  in 
writing  from  the  Board  of  Health.  Every  person  constructing  sewers 
must  report  to  the  office  of  the  Board  of  Health  every  new  sewer  m 
course  of  construction  or  addition  to  a  sewer  already  laid.  And  when 
said  sewer  or  addition  is  completed  he  must  fill  the  same  with  watti 
for  the  purpose  of  testing  it,  where  it  lies  within  the  building  lines, 
and  report  to  said  office  when  it  is  ready  for  inspection.  In  no^  case 
shall  the  sewer  be  covered  at  any  point,  either  within  or  without  the 
-building  lines,  until  after  the  same  has  been  inspected  and  accepted 
by  the  Inspector. 

Article  12.  Every  house  or  building  hereafter  erected  must  havt- 
the  house  drain  constructed  of  cast  iron,  where  it  lies  under  the  build¬ 
ing’,  and  to  extend  beyond  said  building  or  foundation  wralls  not  less 
than  one  foot,  but  when  the  house  drain  is  outside  the  building  lines 
it  may  be  of  iron-stone  pipe.  The  house  drain  must  have  a  fall  of  at 
least  one-fourth  of  an  inch  to  the  foot. 

Article  13.  All  work  is  to  be  done  in  a  skillful  and  workmanlike 
manner,  and  in  strict  accordance  with  the  true  intent  and  meaning  of 
the  specifications. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  May  22,  1896.  Vol.  5,  p.  65.) 


ORDINANCE  No.  1770. 


AN  ORDINANCE  DECLARING  IT  UNLAWFUL  TO  THROW  OR 
DEPOSIT  TACKS,  BROKEN  WARE  OR  GLASS  UPON  THE 
SIDEWALKS,  STREETS,  AVENUES  AND  ALLEYS  OF  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person  to 
throw  or  deposit  tacks,  broken  ware  or  glass  upon  the  sdewalks,  streets, 
avenues  and  alleys  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  not  exceeding  $100.00,  and  in  case  said  fine  is  not  paid,  then 
by  imprisonment  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate 
of  one  day  for  each  two  dollars  of  the  fine  so  imposed  and  ramaining 
unpaid. 

Section  3.  This  ordinance  shall  take  effect  immediately 
(Approved  Oct.  22,  1896.  Vol.  5,  p.  94.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


195 


ORDINANCE  No.  1825. 


AN  ORDINANCE  REGULATING  SHADE  TREES  UPON  THE 

STREETS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  owner,  lessee  or  tenant  of  property  having1  con¬ 
trol  of  any  premises  abutting  upon  any  public  street,  lane  or  alley 
in  the  City  of  Oakland  shall  keep  all  shade  trees  located  upon  said 
premises  trimmed  of  all  branches  or  side  limbs  growing  over  or  above 
the  sidewalk  for  a  distance  of  ten  (10)  feet  above  said  sidewalk,  and 
all  shade  trees  located  outside  of  and  in  front  of  or  along  the  side  of 
said  premises  trimmed  as  aforesaid  for  a  distance  of  twelve  (12)  feet 
above  the  surface  of  the  street,  and  the  Superintendent  of  Streets  Is 
hereby  directed  to  see  that  the  provisions  of  this  ordinance  are  strictly 
enjforcecV 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  ($100)  dollars, 
and  in  case  said  fine,  or  any  portion  thereof,  be  not  paid,  then  the 
person  or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of  the 
City  of  Oakland  at  the  rate  of  one  (1)  day  for  every  two  (2)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  imme¬ 
diately  upon  its  passage  and  approval. 

(Approved  Aug.  27,  1897.  Vol.  5,  p.  168.) 


ORDINANCE  No.  1808. 


AN  ORDINANCE  REGULATING  THE  PAVING  AND  THE  DIGGING? 
UP  OR  DISTURBANCE  OF  STREETS  AND  PUBLIC  PLACES, 
FOR  THE  PURPOSE  OF  LAYING  PIPES  AND  CONDUITS  AND 
THE  REFILLING  OF  EXCAVATIONS  AND  THE  REPAIR  OF 
_  STREET  SURFACES,. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  to  pave  or  macadamize  any  public 
street  or  place  prior  to  the  construction  of  a  main  sewer  therein;  also 
all  necessary  side  sewer  branches,  which  shall  be  built  to  the  curb 
line.  Said  sewer  shall  be  built  in  accordance  with  official  plans  and 
specifications,  and  under  the  supervision  required  by  law,  and  a  dia- 


196 


GENERAL  MUNICIPAL  ORDINANCES 


gram  showing1  the  exact  location  of  all  side  branches  shall  be  kept  on 
file  in  the  office  of  the  Superintendent  of  Streets. 

Section  2.  Upon  the  passage  by  the  City  Council  of  a  Resolution 
of  Intention  to  improve  any  public  street  or  place  by  macadamizing 
or  re-macadamizing  the  same,  or  by  constructing  theron.  a  pavement 
of  any  description,  it  shall  immediately  become  the  duty  of  the  Street 
Superintendent  to  notify  all  persons,  firms  or  corporations  known  to 
be  exercising  the  right  and  practice  of  laying  pipes  and  conduits  of  any 
description  in  the  public  streets  and  places,  to  lay  all  main  pipes  or 
conduits,  also  all  lateral  or  service  connections  needed  for  present  or 
future  use,  to  the  inner  curb  line  of  the  street,  and  to  repair  all  existing 
pipes  in  any  public  street  or  place  to  be  so  improved,  within  twenty 
(20)  days  from  date  of  notice;  and  it  shall  be  the  duty  of  the  Super¬ 
intendent  of  Streets  to  notify  all  the  owners  of  property  upon  the  line 
of  the  street  or  place  to  be  improved  to  make  all  sewer  connections 
needed  for  present  or  future  use  to  the  inner  curb  line  in  front  of  their 
property,  within  thirty  (30)  days  from  date  of  notice. 

Section  3.  After  a  Resolution  of  Intention  has  been  passed  by  the 
City  Council  to  pave,  re-pave,  macadamize  or  re-macadamize  any 
public  street  or  place,  all  persons,  firms  and  corporations  and  property- 
owners  shall,  upon  notice  from  the  Superintendent  of  Streets,  lay  all 
main  and  lateral  pipes  or  conduits  needed  for  present  or  future  use, 
within  the  time  spcified  in  said  notice. 

Section  4.  After  the  expiration  of  the  time  stated  in  the  notice 
served  by  the  Street  Superintendent,  to  any  person,  firm  or  corporation 
to  lay  sewer,  gas  or  water  pipes,  telephone  or  electric  light  conduits, 
no  permits  shall  be  granted  by  the  Secretary  of  the  Board  of  Public 
Works  to  any  of  said  parties  to  lay  pipes  or  conduits  of  any  descrip¬ 
tion,  between  the  curb  lines  of  any  of  the  public  streets  or  places 
which  are  paved,  re -paved,  macadamized  or  re -macadamized  subsequent 
to  the  passage  and  approval  of  this  ordinance  unless  said  parties  shall 
first  execute  and  file  with  the  Secretary  of  the  Board  of  Public  Works 
a  bond,  with  two  good  and  sufficient  sureties,  in  the  sum  of  $250  which 
bond  shall  be  approved  by  the  Mayor,  conditioned  that  the  portion 
of  said  roadway  proposed  to  be  dug  up  or  disturbed  shall  be  left  in 
as  good  condition  as  that  in  which  it  existed  prior  to  the  issuance  of 
the  permit,  and  that  all  materials  removed  shall  be  carefully  replaced; 
that  all  defects  due  to  said  digging  up  or  disturbance,  occurring  within 
one  year  from  date  of  the  granting  of  the  permit,  shall  be  repaired  by 
the  applicant  to  the  satisfaction  of  'the  Superintendent  of  Streets  upon 
notice  from  said  Superintendent  of  Streets  or  from  the  Board  of  Public 
Works;  and  further  conditioned  that  said  applicant  will  comply  with 
all  ordinances  of  the  City  of  Oakland  relating  to  the  digging  up  or 
disturbance  or  obstruction  of  public  streets.  A  diagram  showing  the 
location  and  extent  of  the  proposed  excavation  shall  be  filed  with  the 
Secretary  of  the  Board  of  Public  Works,  by  any  person  applying  for 
a  permit  to  disturb  any  street  or  place  within  the  provisions  of  this 
section.  (Amendment  approved  July  24,  1901.  Yol.  5,  p.  575.) 


OP  THE  CITY  OF  OAKLAND,  CAL. 


197 


Section  5.  All  excavations  in  streets  now  or  hereafter  improved 
with  bituminous  rock,  asphalt,  wood  blocks,  or  vitrified  brick  laid  on 
concrete  foundation,  shall  be  re-filled  with  special  care  with  a  view 
to  prevent  settlement  of  the  back  filling,  and  the  excavation  shall 
be  covered  with  a  layer  of  Portland  cement  concrete  at  least  six  inches 
thick,  which  shall  have  a  bearing  of  at  least  twelve  (12)  inches  on 
undisturbed  ground  on  each  side  of  the  trench.  The  concrete  shall 
consist  of  one  part  good  Portland  cement,  three  parts  clean,  sharp 
sand  and  five  parts  of  two  inch  broken  stone,  watered,  mixed  and 
tamped  to  the  satisfaction  of  the  Street  Superintendent  or  his  In¬ 
spector,  and  maintained  free  from  disturbance  for  at  least  five  days, 
before  being  covered  with  the  wearing  surface  of  the  pavement,  which 
in  all  cases  shall  be  of  the  same  kind  of  material,  but  of  best  quality 
and  equal  in  quantity,  and  laid  on  the  same  elevation  throughout, 
as  the  original  pavement  existed  before  being  disturbed.  If  required 
by  the  Street  Superintendent,  the  wearing  surface  of  the  pavement 
in  such  case  shall  be  composed  of  entirely  new  materials,  which  shall 
be  laid  in  accordance  with  the  official  specifications  for  such  pavement. 

Section  6.  All  persons,  firms  or  corporations  who  may  make  ex¬ 
cavations  in  any  public  street  or  place  under  the  provisions  of  this 
ordinance,  shall  in  case  of  opening  a  street  having  a  concrete  founaa- 
tion  notify  the  Superintendent  of  Streets  in  writing,  at  least  twenty- 
four  hours  before  the  day  in  which  said  persons,  firms  or  corporations 
are  to  re- fill  said  street,  whereupon  at  the  time  stated  in  said  notice, 
the  Superintendent  of  Streets  shall  provide  an  Inspector  to  super¬ 
intend  the  execution  of  the  work,  whose  compensation  shall  not  exceed 
$3.00  per  day,  which  compensation  shall  be  paid  in  full  by  the  person, 
firm  or  corporation  doing  said  work.  The  said  parties  so  re-filling 
said  excavation  shall  at  the  time  of  the  notice  to  the  Street  Super¬ 
intendent  deposit  wfith  him  the  sum  of  $50,  or  such  other  less  sum  aa 
the  Street  Superintendent  may  require,  and  upon  the  satisfactory 
completion  of  the  work,  the  said  Street  Superintendent  shall  remit 
to  said  person,  firm  or  corporation  the  said  sum  of  money  so  depos¬ 
ited,  less  the  amount  chargeable  for  the  services  of  said  Inspector,  at 
the  rate  of  $3.00  per  day;  and  the  said  Superintendent  shall  certify 
the  completion  of  the  work  to  the  Secretary  of  the  Board  of  Public 
Works. 

Section  7.  Nothing  herein  shall  be  construed  as  preventing  the 
laying  of  gas  or  water  pipes  between  the  curb  line  and  property  line 
of  any  street,  provided  said  pipe  shall  not  exceed  27/  internal  in 
diameter,  and  provided  further,  that  the  consent  of  the  property  owners 
in  front  of  whose  premises  said  pipe  is  to  be  laid,  shall  be  first  ob¬ 
tained. 

Section  8.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  9.  Every  person  violating  any  requirement  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 


198 


GENERAL  MUNICIPAL  ORDINANCES 


thereof  shall  be  punished  by  a  fine  not  exceeding-  $300.00  and  in  case 
said  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  $2.00  of  the  fine  so  imposed. 

Section  10.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  June  12,  1897.  Vol.  5,  p.  143.) 


ORDINANCE  No,  1999. 


AN  ORDINANCE  REQUIRING  EVERY  PERSON,  COMPANY  AND 
CORPORATION  SUPPLYING  WATER  TO  THE  CITY  OF  OAK¬ 
LAND,  OR  TO  ITS  INHABITANTS,  TO  REPAIR  LEAKS  IN  HIS 
OR  ITS  WATER  PIPE  LOCATED  WITHIN  THE  PUBLIC 
STREETS,  DESIGNATING  THE  MANNER  OF  MAKING,  AND- 
THE  CHARACTER  OF  MATERIAL  TO  BE  USED  IN  FILLING, 
CERTAIN  EXCAVATIONS,  AND  PROVIDING  A  PENALTY  FOR 
THE  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person,  company 
or  corporation  supplying  water  to  the  City  of  Oakland,  or  to  its  in¬ 
habitants,  to  permit  a  leak  to  exist  in  any  of  his  or  its  pipes  within 
any  public  street  in  this  city  for  more  than  twenty-four  (24)  hours 
after  notice  of  said  leak  has  been  given  to  such  person,  company  or 
corporation. 

Section  2.  Said  notice  shall  be  given  in  writing  by  the  Superin¬ 
tendent  of  Streets,  or  by  any  person  authorized  so  to  do  by  said  Super¬ 
intendent  of  Streets. 

Section  3.  All  excavations  made  in  streets  for  the  purpose  of  stop¬ 
ping  leaks  in  water  pipes  shall  be  made  in  such  a  manner  as  not  to 
unnecessarily  interfere  with  the  convenient  public  use  of  such  streets. 
All  such  xcavations  shall  be  filled  to  the  original  surface  of  the  street 
with  dry  dirt,  and  said  filling  shall  be  thoroughly  tamped  or  rolled  so 
as  to  permanently  conform  to  the  original  surface. 

Section  4.  Any  person,  company  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  ($100)  dollars,  and  in  case  such  fine  be  hot 
paid,  then  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  (1) 
day  for  every  two  ($2)  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  5.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  1,  1899.  Vol.  5,  p.  407.) 


OP  THE  CITY  OP  OAKLAND,  CAL. 


199 


ORDINANCE  No.  2050. 


AN  ORDINANCE  ADOPTING  AND  ESTABLISHING  OFFICIAL  CURB 

GRADES  ON  STREETS  INCLUDED  IN  WHAT  IS  COMMONLY 

KNOWN  AS  “THE  ANNEXED  DISTRICT.” 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  For  the  purpose  of  establishing  the  official  curb  grades 
of  each  of  those  streets  included  within  what  is  commonly  known  as 
“The  Annexed  District’’ — annexed  tO'  the  City  of  Oakland  in  June, 
1897,  that  certain  map  filed  in  the  office  of  the  City  Clerk  of  the  City 
of  Oakland,  June  4,  1900,  and  entitled,  “Map  Showing  the  Official  Curb 
Grades  in  the  Territory  Annexed  to  the  City  of  Oakland  June  1897— R. 
M.  Clement,  City  Engineer,”  is  hereby  adopted,  and  each  and  all  the 
curb  grades  thereon  designated  are  hereby  adopted  as  and  for  the 
official  curb  grades  on  said  respective  streets,  and  they  and  each  c*r 
them  as  thereon  marked  and  designated  are  hereby  established  and 
declared  to  be  the  official  curb  grades  at  the  elevations  above  city  base 
thereon  indicated. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  July  7,  1900.  Vol.  5,  p.  479.) 


ORDINANCE  No.  2142. 


AN  ORDINANCE  DECLARING  THAT  THAT  PORTION  OF 
TWELFTH  STREET  AND  EAST  TWELFTH  STREET  COM¬ 
MONLY  KNOWN  AS  THE  TWELFTH  STREET  DAM,  EXTEND¬ 
ING  FROM  THE  WESTERN  LINE  OF  FALLON  STREET  EX¬ 
TENDED  NORTHERLY  ACROSS  SAID  TWELFTH  STREET, 
EASTERLY  TO  THE  EASTERN  LINE  OF  THE  BOULEVARD 
ON  THE  EASTERN  SHORE  OF  LAKE  MERRITT,  EXTENDED 
SOUTHERLY  ACROSS  SAID  EAST  TWELFTH  STREET,  TO 
BE  A  PUBLIC  BOULEVARD,  AND  ESTABLISHING  THE  SAID 
PORTION  OF  SAID  TWELFTH  STREET  AND  EAST  TWELFTH 
STREET  AS  A  PUBLIC  BOULEVARD. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  that  portion  of  Twelfth  street  and  East  Twelfth 
street  situated  in  the  City  of  Oakland,  County  of  Alameda,  State  of 
California,  commonly  known  as  the  Twelfth  Street  Dam,  extending1 


200 


GENERAL  MUNICIPAL  ORDINANCES 


from  the  western  line  of  Fallon  street  extended  northerly  across  said 
Twelfth  street,  easterly  to  the  eastern  line  of  the  Boulevard  on  the 
eastern  shore  of  Lake  Merritt,  extended  southerly  to  the  southerly 
line  of  East  Twelfth  street,  is  hereby  declared  to  be  and  is  hereby 
established  as  a  public  boulevard,  to  be  hereafter  used  and  maintained 
subject  to  such  rules  and  regulations  as  may  be  hereafter  adopted' 
by  ordinance  of  this  Council  and  approved  by  the  Board  of  Public 
Works  of  the  City  of  Oakland. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Approved  June  11,  1902.  Vol.  5,  p.  662.) 


ORDINANCE  No.  2200. 


AN  ORDINANCE  ACCEPTING  THE  DEDICATIONS,  AND  OFFERS 
OF  DEDICATION,  HERETOFORE  MADE  OF  LAND  FOR  PUB¬ 
LIC  STREET  PURPOSES,  NOW  WITHIN  THE  CITY  OF  OAK¬ 
LAND;  DECLARING  THE  NECESSITY  OF  THE  SAME  FOR 
THE  PUBLIC  TRAVEL  AND  USE,  AND  DIRECTING  THE  RE¬ 
MOVAL  OF  ALL  OBSTRUCTIONS  THEREFROM,. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  dedications,  and  all  offers  of  dedication,  heretofore 
made  of  land  for  public  street  purposes,  now  within  the  City  of  Oak¬ 
land,  are  hereby  accepted,  and  the  lands  to  which  reference  is  made 
in  such  dedications,  and  in  such  offers  of  dedication,  are  hereby  de¬ 
clared  to  be  public  streets,  and  necessary  for  the  public  travel  and  use. 
The  Board  of  Public  Works  is  hereby  authorized  and  directed  to  cause 
the  removal  of  all  obstructions  from  the  lands  to  which  the  foregoing 
acceptance  refers. 

Section  2.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

(Approved  June  18,  1903.  Vol.  6,  p.  79.) 


ORDINANCE  No.  2222. 


AN  ORDINANCE  REGULATING  THE  HEIGHT  AND  MAINTEN¬ 
ANCE  OF  FENCES  OF  WOOD  OR  OTHER  INFLAMMABLE 
MATERIAL  WITHIN  THE  CITY  OF  OAKLAND,  AND  PROVID¬ 
ING  FOR  PENALTY  FOR  VIOLATIONS  THEREOF. 


OF  THE  CITY  OF  OAKLAND.  CAL. 


201 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or  cor¬ 
poration  to  maintain  any  fence  of  wood  or  other  inflammable  material 
now  constructed  and  abutting  the  sidewalk,  or  within  ten  (10)  feet  of 
the  inner  line  of  the  sidewalk,  of  a  height  exceeding  ten  (10)  feet. 

Section  2.  Any  person,  company  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  (100)  dollars;  and  in  case  said  fine  be  not  paid, 
by  imprisonment  at  the  rate  of  one  day  for  every  two  (2)  dollars  oi 
the  fine  so  imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  so  far  as  they 
conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

'Section  4..  This  ordinance  shall  take  effect  and  be  in  full  force 
upon  its  approval. 

(Approved  Sept.  16,  1903.  Vol.  6,  p.  117.) 


ORDINANCE  No.  1829. 


AN  ORDINANCE  REGULATING  THE  USE  OF  BICYCLES,  TRI¬ 
CYCLES  AND  VELOCIPEDES  WITHIN  THE  LIMITS  OF  THE 
CITY  OF  OAKLAND,  AND  TO  REPEAL  ORDINANCES  AND 
PARTS  OF  ORDINANCES  IN  CONFLICT  HEREWITH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
or  persons  to  ride  upon  the  sidewalk  of  any  public  street,  lane  oi 
alley,  or  within  any  public  park  or  square  within  the  limits  of  the 
City  of  Oakland,  any  bicycle,  tricycle  or  velocipede  between  sunset 
and  one  o’clock  a.  m. 

Section  2.  Every  person  riding  a  bicycle,  tricycle  or  velocipede 
upon  the  sidewalk  of  any  public  street,  lane  or  alley  or  within  any 
public  square  within  the  limits  of  the  City  of  Oakland  during  hours 
within  which  the  same  is  permitted  under  the  terms  of  this  ordinance, 
shall  upon  meeting  or  overtaking  any  person  walking  or  standing 
thereon,  so  change  the  course  of  said  vehicle  as  to  leave  the  entire 
width  of  the  cement,  wooden  or  bituminous  portion  of  said  sidewalk 
to  the  person  so  walking  or  standing  thereon,  or  if  not  practicable  so 
to  do,  said  rider  shall  dismount  in  passing  or  overtaking  such  person, 
provided  that  the  provisions  of  this  ordinance  shall  not  apply  to  chil¬ 
dren  under  ten  years  of  age  riding  a  child’s  tricycle. 

Section  3.  Every  person  riding  a  bicycle,  tricycle  or  velocipede 
in  the  night  time  in  any  public  street  within  the  limits  of  the  City 


202 


GENERAL  MUNICIPAL  ORDINANCES 


of  Oakland  must  have  a  lamp  and  bell  attached  thereto  or  a  whistle  in 
his  possession,  and  must  keep  said  lamp  lighted  and  must  keep  said 
bell  ringing  or  whistle  blowing  loudly  and  continuously  immediately 
before  reaching  and  while  traversing  any  public  street  crossing. 

Section  4.  No  person  shall  within  the  limits  of  said  city  ride  any 
such  bicycle,  tricycle  or  velocipede  at  a  speed  to  exceed  eight  miles 
per  hour.  Every  person  riding  a  bicycle,  tricycle  or  velocipede  shall 
in  all  cases  turn  to  the  right  on  passing  any  other  wheel  or  vehicle 
and  shall  keep  to  the  right  of  the  center  line  of  the  street,  excepting 
when  such  person  crosses  the  same  upon  any  street  intersection  or 
for  the  purpose  of  stopping  and  dismounting  at  such  place  as  he  may 
desire. 

Section  5.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  ($100.00)  dollars  for  each  offense,  and  in  case  said  fine  be  not 
paid,  then  the  person  or  persons  so  fined  shall  be  imprisoned  in  the 
City  prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two 
($2.00)  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  6.  An  ordinance  entitled  “An  Ordinance  Regulating  the 
Use  of  Bicycles,  Tricycles  and  Velocipedes  Within  the  Limits  of  the 
City  of  Oakland,”  approved  May  9,  1892;  also  an  ordinance  entitled 
“An  Ordinance  Regulating  the  Speed  of  Bicycles,  Tricycles  and  Ve¬ 
locipedes  Within  the  Fire  Limits  of  the  City  of  Oakland,  and  Providing 
a  Penalty  for  the  Violation  Thereof,”  approved  November  25,  1895,  and 
all  other  ordinances  and  parts  of  ordinances  in  conflict  with  the  pro¬ 
visions  of  this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  September  28,  1897.  Vol.  5,  p.  173.) 


ORDINANCE  No.  1836. 


AN  ORDINANCE  REGULATING  THE  HOLDING  OF  PUBLIC 
MEETINGS  IN  ANY  PUBLIC  STREET,  SQUARE,  PARK,  LANE, 
ALLEY,  COURT,  OR  OTHER  PUBLIC  PLACE,  OR  AT  OR  IN 
FRONT  OF  THE  ENTRANCE  TO  ANY  PUBLIC  BUILDING 
SITUATED  WITHIN  THE  FIRE  LIMITS  IN  THE  CITY  OF 
OAKLAND. 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unawful  for  any  person 
or  persons  to  conduct  or  take  part  in  any  public  meeting  held  on  any 
public  street,  or  in  any  square,  park,  lane,  alley,  court  or  other  publie 


OF  THE  CITY  OF  OAKLAND,  CAL. 


203 


place,  or  at  or  in  front  of  the  entrance  to  any  public  building  within 
the  fire  limits  in  the  City  of  Oakland,  unless  permission  to  hold  such 
public  meetings  shall  first  have  been  obtained,  in  writing,  signed  by  at 
least  two  of  the  following  named  persons,  viz.:  The  Mayor,  Chief  of 
Police  and  President  of  the  City  Council.  Such  permission  in  writing 
shall  designate  the  time  and  place,  when  and  where  such  meeting 
shall  be  held.  / 

Section  2,  Any  person  violating  any  provisions  of  this  ordinance 
shall1  be  fined  in  a  sum  not  to  exceed  one  hundred  ($100.00)  dollars, 
and  in  case  said  fine  be  not  paid,  then  the  person  or  persons  so  fined 
shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  tne 
rate  of  one  (1)  day  for  every  two  (2)  dollars  of  the  fine  so  imposed 
or  remaining  unpaid. 

Section  3.  Ordinance  No.  1676,  entitled  “An  Ordinance  Regu¬ 
lating  the  Holding  of  Public  Meetings  on  any  Public  Street  Situated 
Within  the  Fire  Limits  in  the  City  of  Oakland,”  approved  March  21st, 
1895,  and  all  ordinances  in  conflict  herewith,  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  October  20,  1897.  Vol.  5,  p.  185.) 


ORDINANCE  No.  1945. 


AN  ORDINANCE  REGULATING  RUNNERS  AND  SOLICITING 

AGENTS  AT  RAILWAY  STATIONS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  while  soliciting  ev 
endeavoring  to  secure  passengers,  or  freight,  or  other  custom  for  any 
hackney,  carriage,  express  wagon  or  other  vehicle,  or  for  any  hotel, 
lodging  house  or  boarding  house,  to  be  on  any  railway  depot  or  pas¬ 
senger  platform,  pavement  or  walk,  provided  for  the  use  of  railroad 
passengers,  or  between  such  platform,  pavement  or  walk  and  any  rail¬ 
way  train  standing  in  front  of  said  depot,  or  between  any  railway  tracks 
over  which  passengers  usually  pass  to  or  from  such  train. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  ($100.00)  dollars, 
and  in  default  of  payment  of  said  fine  or  any  part  thereof,  said  person 
shall  be  imprisoned  in  the  City  Prison  at  the  rate  of  one  (1)  day  for 
each  trwo  ($2.00)  dollars  of  said  fine  remaining  unpaid* 

Section  3.  This  ordinance  shall  be  in  force  from  and  after  Us 
approval. 

(Approved  Nov.  16,  1898.  Vol.  5,  p.  326.) 


204 


GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER  IV. 

ORDINANCES  RELATING  TO  THE  POLICE  DEPARTMENT. 


[Note. — By  the  provisions  of  Sections  151-2  of  the  Charter,  the 
Police  Department  is  under  the  management  of  the  Board  of  Com¬ 
missioners  of  the  Police  and  Fire  Departments,  who  are  to  “establish 
rules  and  regulations  .  .  .  for  the  regulation  and  conduct  of  its 

officers,  clerks  and  employes.”  The  following  ordinances  were  passed 
pursuant  to  Section  16  of  the  Charter.] 

[Note  2. — Police  regulations  are  not  made  in  the  interest  of  the 
City  in  its  corporate  capacity,  and  consequently  the  City  is  not  liable 
for  the  acts  of  its  officers  in  enforcing  such  regulations.  26  Fed. 
Rep.  592.] 


ORDINANCE  No.  1477. 


AN  ORDINANCE  CONSENTING  TO  AND  AUTHORIZING  THE 
INCREASE  OF  THE  POLICE  FORCE  OF  THE  CITY  OF  OAK¬ 
LAND  BY  ADDING  TO  THE  PRESENT  NUMBER  THEREOF 
SIX  MEIN. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  determined  that  the  increase  of  the  popu¬ 
lation  of  the  City  of  Oakland  requires,  and  that  the  public  interest 
requires  that  the  present  number  of  members  of  the  Police  Depart¬ 
ment  shall  be  added  to  by  the  addition  thereto  of  six  new  members 
thereof,  and  that  this  Council  does  hereby  consent  to  and  authorize 
the  addition  of  six  new  members  to  the  present  number  and  mem¬ 
bership  of  the  Police  Department  of  this  city,  such  additional  mem¬ 
bers  of  such  department  to  receive  the  same  salary  as  policemen  or 
patrolmen  now  in  said  department. 

Section  2.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  December  7,  1892.  Vol.  4,  p.  332.) 


OF  THE  CITY  OF  OAKLAND,  CAL, 


205 


ORDINANCE  No.  1558. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  APPOINT  FOUR  ADDITIONAL 
POLICE  OFFICERS  FOR  THE  POLICE  DEPARTMENT  OF  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  to  appoint  four  additional  police  officers  for  the,  Police  De¬ 
partment  of  the  City  of  Oakland. 

(Slecfoion  2.  This  ordinance  shall  take  effect  from  and  after  its 

approval. 

(Approved  Oct.  9,  1893.  Vol.  4,  p.  476.) 


«,  ORDINANCE  No.  1819. 


AN  ORDINANCE  CREATING  THE  POSITION  OF  SERGEANT  OF 
POLICE,  DECLARING  THE  NECESSITY  THEREFOR,  AND 
AUTHORIZING  THE  BOARD  OF  POLICE  AND  FIRE  COMMIS¬ 
SIONERS  TO  APPOINT  PERSONS  THERETO,  UPON  THE 
RECOMMENDATION  OF  THE  CHIEF  OF  POLICE,  AND  FIX¬ 
ING  THEIR  COMPENSATION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  A  necessity  existing  therefor,  the  position  of  Sergeant 
of  Police  is  hereby  created,  and  the  Board  of  Police  and  Fire  Commis¬ 
sioners  is  hereby  authorized  and  empowered  to  appoint  three  Ponce 
Officers,  recommended  by  the  Chief  of  Police,  from  the  present  police 
force,  to  be  such  Sergeants  of  Police,  at  a  salary  of  one  hundred  dol¬ 
lars  (per  month  each,  the  duties  of  said  Sergeants  of  Police  to  be* 
such  as  may  be  prescribed  by  the  rules  and  regulations  of  said  de¬ 
partment. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  August  3,  1897.  Vol.  5,  p.  162.) 


/ 


206 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1860. 


AN  ORDINANCE  CONSENTING  TO,  DECLARING  THE  NECESSITY 
FOR,  AND  AUTHORIZING  AN  INCREASE  IN  THE  POLICE 
FORCE  OF  THE  CITY  OF  OAKLAND,  EMPOWERING  THE 
BOARD  OF  POLICE  AND  FIRE  COMMISSIONERS  TO  ADD 
THERETO  TEN  ADDITIONAL  POLICE  OFFICERS  AND  FIX- 
IND  THEIR  COMPENSATION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  necessary,  and  said  Council 
hereby  authorizes  and  empowers  the  Board  of  Police  and  Fire  Com¬ 
missioners  of  the  City  of  Oakland  to  increase  the  Police  Force  of 
said  city  by  appointing  and  employing  ten  additiona  police  officers 
therein,  upon  'the  recommendation  of  the  Chief  of  Police,  said  police 
officers  to  receive  the  same  compensation  as  is  now  received  by  police 
officers  in  said  department. 

Section  2.  Inasmuch  as  the  increased  population  and  territory  of 
said  city  renders  immediate  action  necessary,  this  ordinance  snail 
take  effect  and  be  in  force  from  and  after  January  1st,  1898. 

(Approved  December  17,  1897.  Vol.  5,  p.  218.) 


ORDINANCE  No.  2110. 


AN  ORDINANCE  DECLARING  THE  NECESSITY  FOR  AND 
AUTHORIZING  A  DECREASE  IN  THE  POLICE  FORCE  OF 
THE  CITY  OF  OAKLAND,  AND  DIRECTING  THE  BOARD  OF 
POLICE  AND  FIRE  COMMISSIONERS  TO  DECREASE  THE 
SAID  POLICE  FORCE  BY  REMOVING  THEREFROM  FIVE 
POLICE  OFFICERS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Because  of  the  insufficiency  of  the  public  revenue  vo- 
meet  the  current  expense  of  conducting  the  City  Government,  it  is 
hereby  declared  to  be  necessary,  and  the  City  Council  hereby  author¬ 
izes  and  directs  the  Board  of  Police  and  Fire  Commissioners  of  the 
City  of  Oakland  to  decrease  the  Police  Force  of  said  city  by  removing 
therefrom  five  police  officers. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  date  of  its  approval. 

(Approved  Oct.  22,  1901.  Vol.  5,  p.  599.) 


V 


OF  THE  CITY  OF  OAKLAND,  CAL. 


207 


ORDINANCE  No.  2180. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  TO  APPOINT  TWO  ADDITIONAL  DE¬ 
TECTIVES  FOR  THE  POLICE  DEPARTMENT  OF  SAID  CITY, 
AND  FIXING  THE  SALARIES  OF  THE  SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  is  hereby 
authorized  and  empowered  to  appoint  twro  additional  detectives  tor 
service  in  the  Police  Department  of  this  city,  such  detectives  to  be  under 
the  direction  and  control  of  the  Chief  of  Police,  provided  such  de¬ 
tectives  be  appointed  from  members  of  the  Police  Force  as  now  con¬ 
stituted. 

Section  2.  The  salary  of  such  detectives  shall  be  at  the  rate  of 
$125  per  month. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  January  13,  1903.  Vol.  6,  p.  37.) 


ORDINANCE  No.  2181. 


AN  ORDINANCE  CONSENTING  TO,  DECLARING  THE  NECESSITY 
FOR,  AND  AUTHORIZING  AN  INCREASE  IN  THE  POLICE 
FORCE  OF  THE  CITY  OF  OAKLAND,  EMPOWERING  THE 
BOARD  OF  POLICE  AND  FIRE  COMMISSIONERS  TO  ADD 
THERETO  FOUR  ADDITIONAL  POLICE  OFFICERS,  AND  FIX¬ 
ING  THEIR  COMPENSATION 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  necessary,  and  said  Council 
hereby  authorizes  and  empowers  the  Board  of  Police  and  Fire  Com¬ 
missioners  of  the  City  of  Oakland  to  increase  the  police  force  of  said 
city  by  appointing-  and  employing  four  additional  police  officers.  Said 
police  officers  to  receive  the  same  compensation  as  is  now  received  by 
police  officers  in  said  department. 

Section  2.  Inasmuch  as  the  increased  population  and  territory  of 
said  city  renders  immediate  action  necessary,  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  approval. 

(Approved  January  13,  1903.  Vol.  6,  p.  38.) 


208 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1956. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  POLICE  AND 
FIRE  COMMISSIONERS  OF  THE  CITY  OF  OAKLAND  TO  AP¬ 
POINT  AN  ADDITIONAL  POLICE  OFFICER  ON  THE  REGULAR 
FORCE  OF  THE  POLICE  DEPARTMENT  OF  THE  SAID  CITY, 
AND  AUTHORIZING  THE  CHIEF  OF  POLICE  OF  SAID  DE¬ 
PARTMENT  TO  APPOINT  A  CLERK  FROM  THE  REGULAR 
POLICE  FORCE  OF  THE  SAID  POLICE  DEPARTMENT  TO  ACT 
AS  CLERK  OF  THE  POLICE  DEPARTMENT  OF  THE  CITX 
OF  OAKLAND. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Police  and  Fire  Commissioners  of  tn« 
City  of  Oakland  is  hereby  authorized  and  empowered  to  appoint  an 
additional  Police  Officer  to  serve  in  the  regular  Police  Department 
in  the  said  city. 

Section  2.  The  Chief  of  Police  is  hereby  authorized  and  empowered 
to  select  from  the  regular  Police  Force  of  the  City  of  Oakland  a  mem¬ 
ber  whose  duty  it  shall  be  to  act  as  Clerk  to  the  Chief  of  Police  and 
said  Police  Department,  and  perform  such  other  duties  as  may  be 
required  of  a  regular  police  officer. 

Section  3.  AH  ordinances  and  resolutions  conflicting  with  this 
ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Jan.  27,  1899.  VoL  5,  p.  338.) 


OF  THE  CITY  OF  OAKLAND.  CAL. 


209 


CHAPTER  V. 


ORDINANCES  RELATING  TO  THE  FIRE  DEPARTMENT. 


[Note — For  ordinances  prescribing  the  duties  and  fixing  salaries 
of  certain  officers  and  employes  of  the  Fire  Department,  see  Chapter 

I  ante.] 


ORDINANCE  No.  598. 


AN  ORDINANCE  TO  PROTECT  THE  FIRE  HYDRANTS  IN  THE 
CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

>  N. 

Section  1.  It  shall  be  unlawful  for  any  person  to  open  any  of 
the  fire  hydrants  of  the  City  of  Oakland,  except  in  case  of  fire  or 
by  permission  of  the  Chief  Engineer  of  the  Fire  Department  or  the 
Water  Company  when  necessary  to  repair  their  mains  or  said  hydrants. 

Section  2.  Any  person  violating  any  of  the  provisions  of  Section 
1  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  in  the  sum  of  twenty- five  dollars,  and 
in  case  said  fine  is  not  paid,  to  be  imprisoned  one  day  for  every  dollar 

of  such  fineu 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  from 

and  after  its  approval. 

(Approved  June  23,  1874.  Vol.  2,  p.  347.) 


ORDINANCE  No.  876. 

AN  ORDINANCE  CONCERNING  FIRES  AND  FIRE  APPARATUS, 
The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 


210 


GENERAL  MUNICIPAL  ORDINANCES 


Section  1.  No  person  shall  obstruct  any  fire  hydrant  or  cistern 
in  such  manner  as  to  hide  it  from  view  at  any  point,  or  hinder  free 
action  thereto  by  an  engine  or  hose  carriage,  or  construct  any  area, 
or  other  wall  or  thing  so  as  to  interfere  in  any  manner  with  a  hydrant 
below  the  level  of  the  curb. 

Section  2.  It  shall  be  the  duty  of  the  police  at  the  time  of  Are 
to  place  ropes  or  guards  across  all  streets,  lanes  and  alleys  on  which 
shall  be  situated  any  building  on  fire,  and  at  such  other  points  as 
they  shall  deem  expedient  and  necessary,  and  they  shall  prevent  any 
and  all  persons,  excepting  owners  and  occupants  of  buildings  endan¬ 
gered  by  the  existing  fire,  and  their  employes,  and  excepting  also  offi¬ 
cers  of  the  Fire  Department  and  firemen  (who  shall  •  be  known  by 
their  badge),  officers  of  the  City  of  Oakland  and  of  the  County  of 
Alameda,  the  Fire  Warden  and  such  other  persons  as  may  have  per¬ 
mission  from  an  officer  of  the  Fire  Department,  the  Fire  Warden  or 
a  police  officer,  from  entering  within  the  lines  so  designated  by  ropes 
or  guards. 

Any  person  or  persons,  other  than  those  hereinbefore  excepted, 
•entering  within  the  lines  designated  by  said  ropes  or  guards,  and 
refusing  to  go  outside  of  said  lines  when  directed  to  do  so  by  any 
police  officer  or  officer  of  the  Fire  Department  or  the  Fire  Warden, 
shall  be  deemed  guilty  of  a  misdemeanor  and  liable  to  punishment  as 
provided  'in  this  ordinance. 

Section  3.  It  shall  be  unlawful  for  any  person  or  persons  to  break 
through  or  attempt  to  break  through  such  rope  or  guard  or  barrier,  or 
to  run  over  with  any  vehicle  any  fire  hose  used  by  the  Fire  Depart¬ 
ment  at  any  fire. 

Section  4.  All  fire  engines,  hose  carriages,  and  other  movable  ap¬ 
paratus  of  the  Fire  Department  and  Fire  Patrol  shall  have  the  para¬ 
mount  right  of  way  through  all  the  streets,  lanes,  alleys,  places  and 
courts  of  the  City  of  Oakland  when  running  to  a  fire,  and  all  such 
apparatus  shall  take  and  keep  the  right  side  of  the  street  unless  the 
same  be  obstructed.  All  other  vehicles,  excepting  street  or  steam  cars, 
upon  the  approach  of  any  engine,  host  cart  or  other  apparatus  of 
the  Fire  Department,  shall  forthwith  give  the  right  of  way  and  re¬ 
move  to  the  side  of  the  street  opposite  to  the  side  of  the  streett  taken 
by  such  engine,  hose  cart  or  other  apparatus  of  the  Fire  Department. 

All  street  cars  in  the  vicinity  of  such  engine,  hose  carriage  or 
movable  apparatus  going  to  a.  fire  shall  retard  or  accelerate  their  speed 
as  occasion  may  require,  in  order  to  give  the  apparatus  of  the  Fire 
Department  and  the  Fire  Patrol  the  unobstructed  use  of  the  street  for 
the  time  being. 

Section  5.  Any  person  or  persons  having  the  control  of  any  ve¬ 
hicle,  willfully  or  carelessly  permitting  the  same  to  obstruct  the  prog¬ 
ress  of  the  apparatus  of  the  Fire  Department  or  Fire  Patrol,  going  to 
a  fire,  shall  be  deemed  guilty  of  a  misdemeanor  and  punishable  as 
provided  in  this  ordinance. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


2 1 1 


Section  6.  Any  person  or  persons  willfully  injuring-  any  engine 
house,  hose,  engine,  hose  carriage  or  other  apparatus  of  the  Fire  Depart¬ 
ment  of  the  City  of  Oakland  shall  be  deemed  guilty  of  a  misdemeanor 
and  punishable  as  provided  in  this  ordinance. 

Section  7.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and 
in  case  such  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail  until 
the  same  is  satisfied  at  the  rate  of  one  day  for  each  two  dollars  of 
‘the  fine  imposed. 

Section  8.  This  ordinance  shall  take  effect  immediately. 

(Approved  January  5,  1881.  Yol.  3,  p.  31.) 


ORDINANCE  No.  1089. 


-AN  ORDINANCE  TO  PREVENT  THE  ERECTION  OR  MAINTEN¬ 
ANCE  OF  DANGEROUS  OBSTRUCTIONS  OR  SERIOUS  OBSTA¬ 
CLES  IN  BUILDINGS  WHICH  MAY  PREVENT  INGRESS  AND 
EGRESS  OF  OFFICERS  AND  MEMBERS  OF  THE  FIRE  DE¬ 
PARTMENT  IN  EXTINGUISHING  FIRES  WITHIN  THE  FIRE 
LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  and  shall  be  unlawful  for  any  owner,  agent,  lessor, 
lessee  or  tenant,  without  a  permit  first  obtained  from  the  Board  of 
Public  Works,  to  erect  or  hang  in  or  upon  any  building  within  the 
established  fire  limits  of  the  City  of  Oakland,  any  door  made  wholly 
of  metal,  or  of  metal  and  wood,  or  to  erect  or  hang  in  or  upon  any 
‘such  building,  any  door  composed  of  wood,  or  of  wood,  nails  and  glass, 
over  two  inches  in  thickness,  and  such  metal,  metal  and  wood,  or 
wooden  door,  or  wooden,  nails  and  glass  door,  shall  not  without  such 
permit  be  fastened  by  any  bar  or  bars,  prop  or  props,  behind  or  across 
the  same,  and  shall  only  be  secured  by  a  lock  or  locks,  bolt  or  bolts. 

Section  2.  It  is  and  shall  be  unlawful  for  the  owner,  agent,  lessor, 
lessee  or  tenant  of  any  building  within  the  established  fire  limits  of 
the  City  of  Oakland  to  maintain  or  keep  any  door  composed  entirely  of 
metal,  or  partly  of  metal  and  other  material,  in  or  upon  any  such 
building,  or  to  keep  or  maintain  any  door  composed  of  wrood,  or  of 
wood,  nails  and  glass,  of  more  than  two  inches  in  thickness,  in  or  upon 
such  building  or  buildings  for  more  than  ten  days  after  such  owner, 
agfent,  lessor,  lessee  or  tenant  thereof,  shall  have  received  notice  in 
-writing  signed  by  the  Fire  Warden,  the  Chief  of  Police  or  the  Chief 


212 


GENERAL  MUNICIPAL  ORDINANCES 


Engineer  of  the  Fire  Department  of  said  city  to  remove  the  same.. 
And  each  and  every  day  subsequent  to  the  ten  days  after  such  pre¬ 
scribed  notice  shall  be  given,  any  maintenance  or  keeping  of  any  door 
hereinabove  prohibited,  without  the  consent  of  the  Board  of  Public 
Works  first  obtained,  shall  constitute  a  new  and  separate  violation  of 
this  ordinance. 

Section  3.  Whenever  any  door  shall  be  erected,  maintained  or 
kept  under  authority  of  a  permit  of  the  Board  of  Public  Works,  pro¬ 
vided  for  in  this  ordinance,  and  it  shall  be  made  to  appear  to  such 
Board,  by  a  written  report  of  the  Fire  Warden,  the  Chief  Engineer  of 
the  Fire  Department  or  the  Chief  of  Police,  that  such  door  has  become 
or  will  be  a  serious  obstruction  or  obstacle  to  the  members  of  the 
Fire  Department  in  the  discharge  of  their  duties  in  extinguishing  fires, 
then  the  said  Board  shall  vacate  and  revoke  such  permit;  and  after 
such  vacation  or  revocation  of  such  permit,  and  after  notice  of  the 
same  for  a  period  of  ten  days  shall  have  been  given,  any  person,  as 
provided  in  the  preceding  sections  of  this  ordinance,  maintaining  or 
keeping  such  door  upon,  or  in  any  building  within  the  fine  limits  of 
said  city  shall  be  deemed  guilty  of  a  violation  of  this  ordinance  as 
fully  and  completely  as  though  such  permit  had  not  been  granted. 

Section  4.  Any  person  or  persons  violating  the  provisions  or  any 
of  the  provisions  of  the  preceding  section,  or  any  section  of  this  ordi¬ 
nance,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  City 
Prison  for  not  more  than  six  months,  or  by  both  such  fine  and  im¬ 
prisonment. 

Section  5.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  6.  This  ordinance  shall  go  into  full  force  and  effect  im¬ 
mediately  upon  its  approval. 

(Approved  August  7,  1889.  Vol.  3,  p.  365.) 


ORDINANCE  No.  1121. 


AN  ORDINANCE  PROVIDING  FOR  FIRE  ESCAPES  FOR  BUILD¬ 
INGS  OF  THREE  OR  MORE  STORIES  IN  HEIGHT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  to  erect  or  maintain  any  building,, 
whether  built  of  wood,  brick,  stone  or  iron,  of  three  or  more  stories 
in  height,  in  the  City  of  Oakland,  unless  the  same  is  provided  with 
such  fire  escapes  as  shall  be  approved  by  the  Chief  Engineer  of  the 
Fire  Department  and  the  Fire  Warden. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


213 


Section  2.  Any  person  violating  any  provision  of  this  ordinance 
•shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  in  the  case  of  each 
and  every  conviction  of  the  same,  be  required  to  pay  a  fine  of  not  less 
than  $100  and  not  more  than  $500,  or  in  the  event  of  failing  to  pay 
the  same,  to  be  imprisoned  in  the  City  Prison  one  day  for  each  dollar 
of  said  fine  not  paid. 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  on 
and  after  March  1,  1890. 

(Approved  January  20,  1890.  Vol.  3,  p.  412. 


ORDINANCE  No.  1138. 


AN  ORDINANCE  FOR  THE  PROTECTION  OF  THE  FIRE  ALARM 

AND  POLICE  TELEGRAPH 

Re  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  wilfully  break,  remove  or  injure  any 
•of  the  wires  or  other  parts  or  appurtenances  of  the  Fire  Alarm  and 
Police  Telegraph  in  the  City  of  Oakland  without  authority  or  permis¬ 
sion  from  the  Board  of  Police  and  Fire  Commissioners. 

Section  2.  No  person  shall  make  or  fit  any  key  to,  or  pick  or  force 
the  lock  of  any  signal  box  of  the  Fire  Alarm  and  Police  Telegraph  in 
said  City  of  Oakland  without  authority  from  the  Board  of  Police  and 
Fire  Commissioners. 

Section  3.  No  person  shall  have  or  retain  in  his  possession  or 
under  his  control  any  key  belonging  to  or  fitted  to  open  the  lock  of  any 
signal  box  of  the  Fire  Alarm  and  Police  Telegraph  in  said  City  of 
Oakland  without  lawful  authority  so  to  do. 

Section  4.  Every  person  volating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
^approval. 

(Approved  May  15,  1890.  Yol.  3,  p.  436.) 


214 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1147. 


AN  ORDINANCE  TO  PREVENT  THE  GIVING  OF  FALSE  ALARMS' 

OF  FIRE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  willfully  make  or  cause  to  be  made,  by 
means  of  the  Fire  Alarm  and  Police  Telegraph,  or  otherwise,  any  false 
alarm  of  Are  in  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  “An  Ordinance  to  Prevent  the 
Giving-  of  False  Alarms  and  Obstructing  Hydrants  and  Cisterns,”  ap¬ 
proved  January  10,  1877,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.  Vol.  3,  p.  446.) 


ORDINANCE  No.  1378. 


AN  ORDINANCE  TO  PROHIBIT  THE  DEPOSITING  OF  ASHES  IN' 

CONTACT  WITH  VESSELS  OR  FLOORS  OF  CERTAIN  MA¬ 
TERIALS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall,  in  the  City  of  Oakland,  deposit  any 
ashes,  or  cause  the  same  to  be  deposited  or  placed,  or  permit  or  allow 
the  same  to  be  or  remain  in  contact  with  any  floor  or  vessel  of  wood 
or  other  combustible  material,  or  in  any.  metallic  vessel  within  two 
inches  of  any  woodwork. 

Section  2.  Every  person  volating  any  provision  of  this  ordinance 
Is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  Section  12  of  an  ordinance  entitled  “An  Ordinance  Es¬ 
tablishing  and  Defining  Certain  Fire  Limits  in  the  City  of  Oakland, 
and  for  the  Prevention  of  Fires  in  Said  City,”  approved  November  30, 
1876,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  23,  1891.  Vol.  3,  p.  765.) 


215' 


OF  THE  CITY  OF  OAKLAND,  CAL. 


ORDINANCE  No.  2055. 


AN  ORDINANCE  REGULATING  THE  SIZE  OF  WATER  MAINS- 
WITH  WHICH  HYDRANTS  OR  FIRE  PLUGS  HEREAFTER 
ERECTED  SHALL  BE  CONNECTED. 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  determined  and  declared  and  found  to  be 
a  fact  that  water  mains  of  less  than  four  (4)  inches  in  diameter,  inside 


measurement,  are  inadequate,  and  have  not  sufficient  capacity  to 
properly  supply  with  water,  hydrants  or  fire  plugs  connected  therewith 
when  in  use  in  case  of  fire,  and  every  hydrant  or  fire  plug  hereafter 
erected  within  the  City  of  Oakland  by  order  and  authority  of  the  said 
City,  shall' be  connected  with  a  water  main  of  at  least  four  (4)  inches 
in  diameter,  inside  measurement.  No  money  shall  be  paid  from  the 
City  Treasury  on  account  of  the  erection  of,  or  the  furnishing  of  water 
to,  any  hydrant  or  fire  plug  hereafter  erected  contrary  to  the  provisions- 
of  this  ordinance. 


Section  2.  This  ordinance  shall  take  effect  immediately. 
(Approved  July  24,  1900.  Vol.  5,  p.  484. 


GENERAL  MUNICIPAL  ORDINANCES 


216 


CHAPTER  VI. 

ORDINANCES  RELATING  TO  FIRE  LIMITS. 


ORDINANCE  No.  701. 


AN  ORDINANCE  ESTABLISHING  AND  DEFINING  CERTAIN  FIRE 

LIMITS  IN  THE  CITY  OF  OAKLAND,  AND  FOR  THE  PREVEN¬ 
TION  OF  FIRES  IN  SAID  CITY. 

(See  also  supplementary  ordinances  Nos.  790  and  868.  For  boun¬ 
daries  of  Fire  Limits,  see  page  — ,  post.) 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows. 

Section  1.  (Repealed  by  Ordinance  No.  1134,  approved  May  6,  1890, 
Vol.  3,  p.  431,  “Establishing  and  Defining  Certain  Fire  Limits,  etc.” 

Section  2.  All  buildings  hereafter  erected  within  the  fire  limits 
shall  be  made  and  constructed  of  brick  or  stone  or  of  both,  and 
every  building  of  brick  or  stone,  or  of  both,  that  shall  be  newly 
roofed  or  covered  shall  be  constructed  with  side  walls  or  party  walls 
of  brick  or  stone,  or  of  both,  and  such  side  walls  or  party  walls  shall 
extend  from  the  foundation  to  the  top  of,  and  through  the  roof  of 
said  building;  and  said  roof  shall  be  covered  with  such  material  as 
will  afford  protection  against  fire,  and  said  walls  shall  be  so  con¬ 
structed  as  to  separate  all  woodwork  thoroughly  and  completely  of 
the  intereor  and  exterior  of  any  adjoining  building,  and  every  such 
side  wall  or  party  wall  shall  pass  through  the  roof  of  the  building  to 
which  it  may  appertain,  in  such  manner  as  to  break  entirely  any  com¬ 
munication  of  wood  whatever  between  such  roof  and  any  other  build¬ 
ing.  The  term  building,  as  used  in  this  section,  shall  not  include 
privies  one  story  high  or  greenhouses  constructed  entirely  of  glass. 
(Amended  by  ordinance  approved  April  6,  1880.  Vol.  3,  p.  14.) 

Section  3.  The  outer  'walls  of  all  buildings  of  either  brick  or  stone, 
or  of  both,  to  be  used  as  dwelling  houses,  sheds,  stables  or  other  out¬ 
houses,  hereafter  to  be  erected,  shall  be  for  a  two- story  building  or 
less  be  at  least  twelve  inches  in  thickness  for  the  first  story,  and  at 
least  eight  inches  in  thickness  for  the  second  story;  and  if  more  than 
two  stories,  the  walls  of  each  story  shall  be  at  least  twelve  inches 


' 


OF  THE  CITY  OF  OAKLAND.  CAL. 


217 


in  thickness,  except  the  upper  story,  and  that  shall  be  at  least  eight 
inches  in  thickness. 

The  outer  walls  for  all  buildings  of  two  stories  or  less,  to  be  used  as 
^tjores,  warehouses,  hotels  or  shops,  shall  be  at  least  sixteen  inches 
in  the  basement  or  foundation,  and  twelve  inches  for  the  first  and  second 
stories,  the  outer  walls  for  all  buildings  three  stories,  the  basement  twenty 
inches,  first  story  sixteen  inches,  second  and  third  stories  twelve  inches; 
and  for  four  stories,  the  basement  or  foundation  must  be  twenty  inches, 
first  and  second  stories  sixteen  inches,  and  third  and  fourth  stories 
twelve  inches;  the  walls  must  be  of  uniform  thickness  through  the 
entire  length  of  each  wall.  All  party  walls  must  be  twenty  inches  for 
basement  or  foundation,  and  sixteen  inches  for  each  story  to  the  height 
of  three  stories  above  the  basement  or  foundation,  and  at  least  twelve 
inches  to  the  top,  so  as  to  have  four  inches  at  least  of  solid  masonry 
between  timbers.  Party  walls  shall  be  solid  brick  or  stone  walls,  and 
shall  be  without  openings  unless  covered  by  double  iron  doors,  each 
%  of  an  inch  or  more  in  thickness. 

The  outer  walls  of  brick  or  stone  buildings  are  understood  to  be 
the  front,  rear  and  two  side  walls;  and  in  no  case  shall  studding 
against  brick  walls  be  allowed.  All  outer  walls  shall  be  securely  an¬ 
chored  with  iron  anchors  to  each  tier  of  beams. 

Secton  4.  All  wooden  beams  and  other  timbers  in  the  party 
wall  of  every  building  hereafter  to  be  erected  or  built  of  stone,  brick 
or  iron,  shall  be  separated  from  the  beam  or  timbers  entering  into 
the  opposide  side  of  the  wall  by  at  least  four  inches  of  solid  mason 
wrork;  every  beam  shall  be  beveled  three  inches  at  the  ends,  shall 
rest  at  each  end  not  less  than  four  inches  in  the  wall  unless  such  wall 
be  ledged. 

Section  5.  No  swelled  or  refuse  brick  shall  be  allowed  in  any 
wall,  and  brick  used  in  the  construction,  alteration  or  repairs  of  any 
building  or  part  thereof  shall  be  good,  hard,  well-burned  brick.  The 
mortar  used  in  the  construction,  alteration  or  repairs  of  any  building 
shall  be  composed  of  lime  or  cement  mixed  with  sand,  in  the  propor¬ 
tion  of  three  (3)  of  sand  to  one  (1)  of  lime,  and  two  (2)  of  sand  to 
one  (1)  of  cement;  and  no  lime  and  sand  mortar  shall  be  used  within 
twenty-four  (24)  hours  after  being  mixed,  and  all  walls  or  parts  thereof 
below  the  curb  level  shall  be  laid  in  cement  mortar  in  proportion  of 
one  (1)  of  cement  to  two  (2)  of  mortar.  No  inferior  lime  or  cement 
shall  be  used,  and  all  sand  shall  be  clear,  sharp  grit  and  free  from 
loam,  and  all  joints  and  all  walls  shall  be  entirely  filled  with  mortar. 

Section  6.  No  cornice  of  wood  shall  be  placed  on  any  brick  build¬ 
ing  which  is  over  two  stories  in  height. 

Section  7.  No  brick  or  stone  wall  shall  be  supported  upon  stringers 
of  wood  in  any  part  of  the  city. 

Section  8.  It  shall  be  unlawful  for  any  person  to  raise,  build  upon 
or  alter  any  building  of  brick  or  stone,  or  of  both,  unless  said  building 


t 


218 


GENERAL  MUNICIPAL  ORDINANCES 

has  been  built  in  conformity  with  the  provisions  of  this  chapter  regu¬ 
lating  the  erection  of  brick  buildings. 

Section  9.  All  side  or  party  and  front  and  rear  walls,  or  any 
building  fifteen  (15)  feet  high  or  more  shall  be  built  up  and  extend 
at  least  two  feet  above  the  roof;  provided,  that  where  partition  walls 
are  carried  through  the  floor  of  the  upper  story,  said  walls  shall  be 
carried  up  at  least  two  feet  above  the  roof,  and  the  said  roof  shall 
be  covered  with  such  material  as  will  afford  protection  against  Are; 
and  where  a  mansard  or  French  roof  is  built  over  a  single  house,  the 
outer  walls  of  said  house  shall  be  carried  up  at  least  two  (2)  feet  above 
the  roof  at  its  point  of  contact  or  intersection  with  the  wall  on  all 
sides,  except  the  wall  fronting  on  the  street.  No  mansard  or  French 
roof  shall  be  placed  on  any  brick  building  of  over  two  stories  in  height, 
unless  the  same  shall  be  constructed  entirely  of  fire-proof  material. 

Section  10.  Sections  3,  4,  5,  G,  7,  8  and  9  shall  apply  to  all  build¬ 
ings  of  brick  or  stone,  or  of  both,  in  any  part  of  the  city. 

Section  11.  No  stovepipe  shall  be  permitted  to  project  through 
the  side  wall  or  roof  of  any  building,  within  the  city  limits,  when 
such  building  exposes  any  other  building  within  a  distance  of  twenty- 
five  (25)  feet.  All  chimneys  and  flues  must  be  built  of  brick  or  stone, 
and  to  the  enti're  satisfaction  and  acceptance  of  the  Fire  Warden  of 
the  City  of  Oakland.  (Amendment  approved  January  25,  1877.  Vol. 
2,  p.  516.) 

Section  12.  (Repealed  by  Ordinance  No.  1378.  Approved  Novem¬ 
ber  23,  1891.  Vol.  3,  p.  765.) 

Section  13.  Whenever  any  building,  wall,  chimney  or  smokestack 
Shall,  from  any  cause  whatever,  be  in  a  situation  to  be  dangerous 
to  persons  or  property,  or  when  any  wooden  building  within  the  fire 
limits  shall  be  damaged  by  fire  to  the  extent  of  one-half  or  more  of 
its  actual  value,  the  Fire  Warden  of  the  City  of  Oakland  shall  im¬ 
mediately  give  notice  to  the  owner  or  owners,  or  to  his  or  her  or  thefr 
agent,  or  the  person  having  control  thereof,  if  the  owner  cannot  be 
found,  to  remove  the  same  forthwith,  and  the  person  receiving  such 
notice  shall  within  forty-eight  (48)  hours  after  receiving  the  same 
comply  with  the  requirements  thereof.  (Amendment  approved  Jan¬ 
uary  25,  1877.  Vol.  2,  p.  516.) 

Section  14.  All  buildings  hereafter  erected  to  be  used  for  public 
assemblages,  in  whole”  or  in  part,  shall  have  doors  that  are  used  for 
the  ingress  and  egress  of  the  public  to  the  portions  so  used  for  said 
assemblages  so  constructed  that  they  shall  open  both  inwardly  and 
outwardly,  and  all  buildings  hereafter  altered  for  the  use  of  public 
assemblages  shall  be  made  to  conform  to  this  section. 

Secton  15.  An  ordinance  entitled  “An  Ordinance  Defining  Cer¬ 
tain  Fire  Limits  Within  the  City  of  Oakland,  and  to  Prevent  the  Con¬ 
struction  of  Wooden  Buildings  Therein,”  approved  October  28,  1874, 
and  all  other  ordinances  in  conflict  with  this  ordinance,  or  relating  to 


OF  THE  CITY  OF  OAKLAND,  CAL. 


219 


fire  limits  or  the  construction  of  wooden  buildings  in  the  City  of  Oak¬ 
land  are  hereby  repealed. 

Section  16.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

(Amendment  approved  November  23,  1891.  Vol.  3,  p.  764.) 

Section  17.  This  ordinance  shall  take  effect  immediately. 

(Approved  November  30,  1876.  Vol.  2,  p.  504.) 


ORDINANCE  No.  728. 


AN  ORDINANCE  TO  REGULATE  THE  REMOVAL  OF  WOODEN 

OR  FRAME  BUILDINGS  WITHIN  CERTAIN  LIMITS  OF  THE 

CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  re¬ 
move  any  wooden  or  frame  building  from  the  lot  or  block  upon  which 
it  stands,  within  the  limits  hereinafter  mentioned,  to  any  portion  of 
the  same  or  another  lot  or  block  within  the  fire  limits,  as  defined  in 
an  ordinance  entitled  “An  Ordinance  Establishing  and  Defining  Cer¬ 
tain  Fire  Limits  in  the  City  of  Oakland,  and  for  the  Prevention  of 
Fires  in  said  City,’’  approved  November  30th,  1876,  without  the  written 
permission  of  all  the  property  owners  in  said  block  to  or  upon  which 
it  is  proposed  to  remove  said  building.  Said  written  permission  shall 
be  obtained  and  filed  with  the  Fire  Warden  before  the  removal  of  any 
building  under  the  provisions  of  this  ordinance. 

In  no  case  shall  a  building  be  removed  from  without  the  fire  limits 
to  any  lot  or  block  within  said  limits. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
exceeding  one  hundred  dollars,  and  if  the  fine  be  not  paid  the  person 
fined  may  be  imprisoned  in  the  City  Prison  until  the  fine  is  paid,  at 
the  rate  of  one  day’s  imprisonment  for  each  two  dollars  of  the  fine 
imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  June  2,  1877.  Vol.  2,  p.  549.) 


220 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  868. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE  EN¬ 
TITLED  “AN  ORDINANCE  ESTABLISHING  AND  DEFINING 
CERTAIN  FIRE  LIMITS  IN  THE  CITY  OF  OAKLAND,  AND 
FOR  THE  PREVENTION  OF  FIRES  IN  SAID  CITY.” 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  1.  The  Council  of  the  City  of  Oakland  is  hereby  author¬ 
ized  in  its  discretion  to  grant  by  resolution,  approved  by  the  Mayor, 
permission  to  erect  within  the  Fire  Limits  of  the  City  of  Oakland  a 
frame  building;  provided,  such  building  shall  have  a  fii’e-proof  roof; 
and  the  provisions  of  Section  2,  3  4,  5  and  9  of  the  ordinance  to  which 
this  ordinance  is  supplementary  shall  not  apply  to  any  person  to  whom 
such  permission  is  granted. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  July  1,  1880.  Vol.  3,  p.  22.) 


ORDINANCE  No.  1104. 


AN  ORDINANCE  PROHIBITING  THE  ESTABLISHMENT  OF  LAUN¬ 
DRIES  WITHIN  THE  FIRE  LIMITS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is,  and  shall  be,  unlawful  for  any  person  to  estab¬ 
lish  or  maintain  a  laundry  within  the  fire  limits  of  the  City  of  Oak¬ 
land. 

Section  2.  Any  room,  house  or  building  in  which  two  or  more 
persons  are  regularly  employed  in  washing  and  ironing  clothing  for 
purposes  of  gain,  shall  be  deemed  a  laundry  under  the  provisions  or 
this  ordinance. 

Section  3.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor  greater 
than  five  hundred  dollars,  or  in  case  said  fine  be  not  paid,  by  imprison¬ 
ment  in  the  City  Prison  one  day  for  each  dollar  thereof. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  thirty 
days  after  the  date  of  its  approval. 

(Approved  October  26,  1889.  Vol.  3,  p.  389.) 

[Note. — The'  above  ordinance  was  held  to  be  invalid  by  the  Police 
Court  of  this  city  in  the  case  of  “The  People  vs.  Gee  Ham.”  Opinion 
filed  February  20,  1890,  by  Henshaw,  Justice.] 


OF  THE  CITY  OF  OAKLAND,  CAL. 


221 


ORDINANCE  No.  2154. 


AN  ORDINANCE  ESTABLISHING  AND  DEFINING  THE  FIRE 
LIMITS  OF  THE  CITY  OF  OAKLAND,  AND  REPEALING  ORDI¬ 
NANCE  NO.  2138,  IN  EFFECT  JUNE  2,  1902,  ESTABLISHING 
CERTAIN  FIRE  LIMITS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1:  The  fire  limits  of  the  City  of  Oakland  are  hereby  es¬ 
tablished  and  shall  include  all  the  territory  in  said  city  bounded  by  the 
following  lines,  viz: 

Commencing-  at  a  point  where  the  center  line  of  Franklin  street  in¬ 
tersects  the  center  line  of  Seventh  street,  thence  westerly  along  the  cen¬ 
ter  line  of  Seventh  street  to  the  center  line  of  Washington  street;  thence 
northerly  along  the  center  line  of  Washington  street  to  the  center  line 
of  Eighth  street,  thence  westerly  along  the  center  line  of  Eighth  street 
to  the  center  line  of  Clay  street;  thence  northerly  along  the  center  line 
of  Clay  street  to  the  center  line  of  Eleventh  street,  thence  westerly 
along  the  center  line  of  Eleventh  street  to  a  point  150  feet  west  of  the 
western  line  of  Clay  street,  thence  northerly  along  a  line  150  feet  west 
of  and  parallel  with  the  western  line  of  Clay  street  to  the  center  line 
of  Fourteenth  street;  thence  easterly  along  the  center  line  of  Four¬ 
teenth  street  to  the  center  line  of  Clay  street,  thence  northerly  along 
the  center  line  of  Clay  street  to  the  center  line  of  Seventeenth  street, 
thence  easterly  along  the  center  line  of  Seventeenth  street  to  the  center 
line  of  Telegraph  avenue;  thence  northerly  along  the  center  line 
of  Telegraph  avenue  to  a  point  where  the  center  line  of  Seven¬ 
teenth  street  if  extended  westerly  as  it  exists  east  of  Telegraph  avenue 
would  intersect  the  center  line  of  Telegraph  avenue,  thence  easterly 
along  said  extended  line  and  the  center  line  of  Seventeenth  street  and 
said  center  line  of  Seventeenth  street  extended  easterly  to  a  point  150 
feet  east  of  the  eastern  line  of  Broadway,  thence  southerly  along  the 
line  150  feet  east  of  and  parallel  with  the  eastern  line  of  Broadway 
to  a  point  100  feet  south  of  the  southern  line  of  Fifteenth 
street,  thence  easterly  along  a  line  100  feet  south  of  and  parallel 
with  the  southern  line  of  Fifteenth  street  to  the  center  of  Franklin 
street,  thence  southerly  along  the  center  line  of  Franklin  street  to  the 
center  line  of  Fourteenth  street,  thence  easterly  along  the  center  line 
of  Fourteenth  street  to  a  point  150  feet  east  of  the  eastern  line  of 
Franklin  street,  thence  southerly  along  a  line  150  feet  east  of  and 
parallel  with  the  eastern  line  of  Franklin  street  to  the  center  line  of 
Eleventh  street,  thence  westerly  along  the  center  line  of  Eleventh 
street  to  the  center  line  of  Franklin  street,  thence  southerly  along  the 
center  line  of  Franklin  street  to  the  point  of  beginning. 

Section  2.  Ordinance  No.  2138,  in  effect  June  2nd,  1902,  establish¬ 
ing  certain  fire  limits,  is  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 
(Approved  Sept.  19,  1902.  Vol.  5,  p.  697.) 


222 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1260. 


AN  ORDINANCE  PROHIBITING  THE  ERECTION  OF  ANY  WOODEN 
BUILDING,  OR  MAKING  ANY  ADDITION  OF  WOOD  OR  OTHER 
COMBUSTIBLE  MATERIAL  TO  ANY  WOODEN  BUILDING 
WITHIN  THE  FIRE  LIMITS  OF  THE  CITY  OF  OAKLAND,  AND 
FIXING  A  PENALTY  THERETO. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  corpora¬ 
tion  to  erect  any  structure  of  wood  or  to  make  any  addition  of  wood 
or  other  combustible  material  to  any  wooden  building-  within  the  Fire 
Limits  of  the  City  of  Oakland. 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  oni  conviction  thereof,  may  be  punished  by  a  fine  not  to  exceed 
$500;  or,  in  default  thereof,  by  imprisonment  for  a  period  of  one  day 
for  each  dollar  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  go  into  full  force  and  effect  im¬ 
mediately  after  its  approval. 

(Approved  March  23,  1891.  Vol.  3,  p.  593.) 


ORDINANCE  No.  1349. 


AN  ORDINANCE  TO  PROHIBIT  THE  REMOVAL  OF  WOODEN  OR 

FRAME  BUILDINGS  INTO  THE  FIRE  LIMITS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  remove,  cause  to  be  removed  or  assist 
in  removing  any  frame  or  wooden  building  from  any  place  outside 
of,  to  or  upon  any  lot  or  block  within  the  fire  limits  of  the  City  of 
Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  717.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


223 


ORDINANCE  No.  1641. 


AN  ORDINANCE  REGULATING  THE  ESTABLISHMENT  OF  STEAM 

BOILERS  WITHIN  THE  FIRE  LIMITS  OF  THE  CITY  OF  OAK¬ 
LAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  establish  any  steam  boiler  within  the  present  Are  limits  of  the 
City  of  Oakland,  unless  a  permit  therefor  is  first  obtained  on  proper 
showing,  from  the  City  Council,  and  recommended  by  the  Fire 
Warden. 

Section  2.  Any  person  violating  any  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars,  and  in  case 
said  fine  be  not  paid,  then  the  person  so  fined  may  be  imprisoned  In 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  Oct.  22,  1894.  Vol.  4,  p.  620.) 


ORDINANCE  No.  1667. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE  NO.  701, 
ENTITLED  “AN  ORDINANCE  ESTABLISHING  AND  DEFINING 
CERTAIN  FIRE  LIMITS  IN  THE  CITY  OF  OAKLAND,  AND 
FOR  THE  PREVENTION  OF  FIRES  IN  SAID  CITY,”  APPROVED 
NOVEMBER  30,  187o,  AND  REPEALING  ORDINANCE  NO.  790, 
APPROVED  SEPTEMBER  5,  1878. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  lawful  to  use  iron  in  the  construction  of 
any  building  wherever  it  is  now  lawful  to  use  brick  or  stone,  as  pro¬ 
vided  in  said  ordinance  No.  701,  excepting  corrugated  or  sheet  iron. 
To  use  said  corrugated  or  sheet  iron  permission  must  be  obtained 
from  the  City  Council  upon  recommendation  of  the  Fire  Warden.  All 
conditions,  requirements  and  restrictions  by  said  ordinance  made  ap¬ 
plicable  to  buildings  of  stone  or  brick,  shall  apply  to  buildings  of  Iron 
erected  under  this  ordinance. 

(Amendment  approved  December  IS',  1895.  Vol.  5,  p.  13.) 

Section  2.  Ordinance  No.  790,  entitled  “An  Ordinance  Supple¬ 
mentary  to  an  Ordinance  Entitled  ‘An  Ordinance  Establishing  and 
Defining  Certain  Fire  Limits  in  the  City  of  Oakland,  and  for  the  Pre¬ 
vention  of  Fires  in  Said  City,’  ”  approved  November  30,  1876,  is  hereby 
repealed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  February  23,  1895.  Vol.  4,  p.  664.) 


224 


GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER  VII. 

ORDINANCES  RELATING  TO  PUBLIC  HEALTH. 


[Note. — For  ordinances  prescribing  the  duties  and  fixing  the 
salaries  of  certain  officers  of  the  Health  Department,  see  Chapter  I. 
ante.] 


ORDINANCE  No.  684. 


AN  ORDINANCE  FOR  SECURING  THE  HEALTH  OF  THE  CITY 

OF  OAKLAND,  AND  REGULATING  THE  AMOUNT  OF  AIR  IN 

EACH  ROOM  USED  FOR  LODGING  PURPOSES  IN  SAID  CITY. 

The  Council  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  sleep 
or  lodge  in  any  room  in  the  City  of  Oakland  unless  said  room  contains 
at  least  five  hundred  cubic  feet  of  air  for  each  person  sleeping  or 
lodging  therein. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  not  exceeding  one  hundred  dollars,  and  in 
case  the  fine  be  not  paid,  the  person  fined  may  be  imprisoned  in  the 
City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  August  28,  1876.  Vol.  2,  p.  486.) 


ORDINANCE  No.  703. 


AN  ORDINANCE  TO  COMPEL  THE  CLEANSING  AND  EMPTYING 
OF  CESSPOOLS  AND  PRIVY  VAULTS  WITHIN  THE  LIMITS 
OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 


OP  THE  CITY  OF  OAKLAND,  CAL. 


225 


Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  con¬ 
struct  or  use,  or  have,  or  maintain  any  cesspool  or  privy  vault  or 
water  closet  upon  any  lot  of  land  owned  or  occupied  by  him  or  her, 
in  the  City  of  Oakland,  within  one  hundred  and  fifty  feet  of  either 
line  of  any  street  having  a  sewer  therein  unless  such  cesspool  or 
privy  vault  or  water  closet  is  properly  connected  with  the  street 
sewer;  and  in  all  said  connections  there  shall  be  a  trap  or  other  device 
to  prevent  the  escape  of  gas  or  obnoxious  odors  therefrom  into  the 
open  air,  so  as  to  be  offensive  to  the  senses  of  any  person  living  or 
being  in  the  immediate  neighborhood  thereof;  and  in  all  such  con¬ 
nections  there  shall  be  maintained  a  constant  supply  of  water  from 
either  tank  or  city  water  works,  sufficient  to  prevent  filthy  accumu¬ 
lations  in  cesspools  or  privy  vaults  or  water  closets,  or  the  pipes  or 
drains  thereof.  (Amendment  approved  October  9,  1894.  Vol.  4,  p.  617.) 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  not  exceeding  one  hundred  dollars,  and 
in  case  said  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned 
in  the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  3.  An  ordinance  entitled  “An  Ordinance  Regulating  the 
Connecting  of  Cesspools  and  Privies  With  the  Sewers  in  Certain  Por¬ 
tions  of  the  City  of  Oakland,”  approved  November  23,  1875,  is  hereby 
repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 

(Approved  November  30,  1876.  Vol.  3,  p.  509.) 


ORDINANCE  No.  869. 


AN  ORDINANCE  CONCERNING  VACCINATION. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows. 

Section  1.  In  all  vaccinations  by  or  under  the  authority  of  the 
Board  of  Health  or  the  City  Physician  the  vaccine  matter  used  shall 
be  bovine  matter  and  no  other. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  fifty  dollars,  and  in  case  the 
fine  be  not  paid,  shall  be  imprisoned  at  the  rate  of  one  day  for  each 
two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  19,  1880.  Vol.  3,  p  .  23.) 


226 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  938. 


AN  ORDINANCE  PROHIBITING  THE  EMPTYING  OF  DRAINS 

AND  THE  DEPOSITING  OF  RUBBISH  UPON  PUBLIC  GROUNDS 

AND  STREETS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  owning  or  having  the  control  of  any  prem¬ 
ises  shall  suffer  or  permit  any  drainage  or  sewerage,  or  any  drain 
from  any  house,  barn,  building,  stable,  shed,  privy,  vault  or  cesspool 
situated  on  such  premises,  or  any  drain  from  such  premises,  to  empty 
into  or  upon  any  public  square,  street  or  highway  within  the  limits 
of  the  City  of  Oakland,  nor  shall  any  person  throw  into  or  deposit 
upon  any  public  square,  street  or  highway  any  rubbish,  garbage,  filth, 
or  glass  or  broken  ware  without  permission  of  the  City  Council. 

Section  2.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  dollars,  and  in  case  the  fine  be  not  paid  the  person  so  fined  shall 
be  imprisoned  in  the  City  Prison  until  the  same  be  satisfied  at  the  rate 
of  one  day  for  every  two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  January  10,  1884.  Vol.  3,  p,  127.) 


ORDINANCE  No.  1108. 


AN  ORDINANCE  PROVIDING  FOR  THE  PROTECTION  OF  THE 
PUBLIC  HEALTH  AND  REQUIRING  PLUMBERS  TO  REGISTER 
THEIR  NAMES  AND  ADDRESSES  AT  THE  HEALTH  OFFICE 
AND  COMPLY  WITH  REGULATIONS  OF  THE  BOARD  OF 
HEALTH  IN  REFERENCE  TO  THE  DRAINAGE  AND  PLUMB¬ 
ING  OF  BUILDINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  master  and  journeyman  plumber  carrying  on  his 
trade  in  this  city  shall,  under  such  regulations  and  rules  as  the  Board 
of  Health  of  said  city  shall  prescribe,  (not  in  conflict  with  general 
laws),  register  his  name  and  address  at  the  Health  Office  of  said  city, 
and  after  the  establishment  of  such  rules  and  regulations  it  shall  not 
be  lawful  for  any  person  to  carry  on  the  trade  of  plumbing,  either 


OF  THE  CITY  OF  OAKLAND,  CAL. 


227 


as  a  master  or  journeyman  plumber,  or  otherwise,  unless  his  name 
and  address  be  registered  as  above  provided. 

Section  2.  A  list  of  registered  plumbers  shall  be  published  in 
the  yearly  report  of  the  Health  Officer  or  Board  of  Health. 

Section  3.  The  drainage  and  plumbing  of  all  buildings  both  pub¬ 
lic  and  private,  hereafter  erected  in  said  city  shall  be  executed  in 
accordance  with  plans  previously  approved  in  writing  by  the  Board  of 
Health  of  said  city,  and  suitable  drawings  and  description  of  said 
drainage  and  plumbing  shall  in  each  case  be  submitted  to  the  Board 
of  Health  and  placed  on  file  in  the  Health  Office.  The  said  Board 
of  Health  is  also  authorized  to  receive  and  place  on  file  drawings  and 
descriptions  of  the  drainage  and  plumbing  of  buildings  erected  prior 
to  the  passage  of  this  ordinance. 

Section  4.  Any  person  wrho  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  nor  more  than  tw^enty-five  dollars  for  every  offense,  or  by 
imprisonment  in  the  City  Prison  one  day  for  each  dollar  of  such  fine 
as  shall  be  unpaid. 

Section  5.  This  ordinance  shall  go  into  full  force  and  effect  im¬ 
mediately  after  its  approval. 

(Approved  December  2,  1889.  Vol.  3,  p.  397.) 


ORDINANCE  No.  1214. 


AN  ORDINANCE  TO  PREVENT  THE  ABUSE  OF  OPIUM  AND 

OTHER  DRUGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  drug-gist,  or  any  person 
whatever,  to  sell  or  give  away  or  deliver  to  any  person  in  the  City 
of  Oakland,  excepting  as  provided  in  Sections  2  and  3  of  this  ordi¬ 
nance,  opium  or  any  preparation  thereof,  morphine,  cocaine  or  any 
of  their  salts,  or  any  solution  or  preparation  in  which  one  or  more 
of  these  substances  is  known  to  be  an  ingredient. 

Section  2.  This  ordinance  shall  not  apply  to  the  filling  by  drug¬ 
gists  of  the  wrritten  orders  or  prescriptions  of  any  licensed  physician, 
or  one  who,  upon  due  inquiry,  is  believed  by  the  druggist  to  be  such, 
for  any  of  the  substances  enumerated  in  Section  1;  but  every  such 
order  or  prescription  must  be  numbered  and  dated  at  the  time  it  Is 
filled  and  the  name  and  address  of  the  druggist  filling  it  must  be 
written  or  stamped,  in  ink,  across  the  face  of  such  order  or  prescription 
tion,  so  that  it  cannot  be  erased  without  detection;  and  a  label  with 


228 


GENERAL  MUNICIPAL  ORDINANCES 


similar  date  and  number,  name  and  address,  shall  be  affixed  to  the 
bottle,  box  or  package  of  the  medicine  before  its  delivery,  and  upon 
such  label  shall  also  be  written  the  name  of  the  physician  who 

prescribed  or  ordered  it.  Every  such  order  or  prescription,  or  a 

copy  thereof,  shall  be  kept  by  the  druggist  filling  it,  for  two 

years,  and  be  subject  to  the  inspection  of  any  legally  con¬ 

stituted  court  or  officer  demanding  it.  No  copy  of  any  such 
order  or  prescription  shall  ever  be  filled,  but  the  original 
order  or  prescription  may  be  refilled  once  only  (excepting  as 
hereinafter  provided)  and  the  druggist  refilling  it  must  make 
a  note  upon  it  that  it  has  been  refilled,  and  also  the  date  upon  which 
it  was  refilled.  If  it  shall  be  refilled  by  any  other  druggist  than  the 
one  who  first  filled  it,  such  druggist  must  also  number  it  and  stamp 
or  write  his  name  and  address  in  ink  across  the  face  of  it  and  keep 
it,  or  a  copy  of  it,  for  two  years,  subject  to  inspection  as  before  or¬ 
dered;  and  such  order  or  prescription  must  not  again  be  refilled  ex¬ 
cepting  upon  the  order  or  request,  written  upon  a  separate  paper  of 
the  physician  who  wrote  the  order  of  prescription,  and  then  only  for 
as  long  a  time  not  exceeding  two  weeks  as  the  physician  may  desig¬ 
nate  in  such  order;  and  such  written  order  or  request  must  be  kept 
by  the  druggist  for  two  years  and  be  subject  to  inspection  as  in  the 
case  of  the  original  prescription  or  order. 

Section  3.  This  ordinance  shall  not  apply  to  the  sale  of  lini¬ 
ments  or  mixtures  for  external  use  that  are  of  such  a  nature  that  they 
cannot  be  taken  internally  without  danger  to  life  or  health;  nor  to  the- 
sale  of  morphine  or  cocaine,  or  their  salts,  or  of  opium,  in  mixtures, 
pills,  powders  or  solutions  when  in  combination  with  other  active  in¬ 
gredients;  provided,  that  no  more  than  eight  grains  of  opium,  and 
no  more  than  two  grains  of  morphine  or  cocaine  or  their  salts,  or 
both  combined,  shall  be  sold  to,  or  for,  the  same  person  in  any  one 
day;  nor  to  the  sale  of  paregoric;  nor  the  sale  or  gift  of  any  of  the- 
substances  enumerated  in  Section  1,  to  hospitals,  asylums  or  othefi 
public  or  charitable  institutions  for  use  therein;  or  to  physicians  or 
dentists  or  other  druggists  who  are  engaged  in  the  business. 

Section  4.  It  shall  be  unlawful  for  any  person  to  endeavor  to 
procure  any  of  the  substances  enumerated  in  Section  1,  by  means  of 
a  fraudulent  order  or  prescription,  or  one  signed  by  a  fictitious  name,, 
or  by  means  of  any  other  false  statement  or  representation. 

Section  5.  It  shall  be  unlawful  for  any  physician  to  give  away, 
or  to  prescribe,  or  give  an  order  for  any  of  the  substances  named, 
to  any  person  excepting  for  the  purpose  of  curing  or  alleviatng  dis¬ 
ease. 

Section  6.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and  in¬ 
case  the  said  fine  is  not  paid,  then  the  person  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  each  dollar  of  the  fine  so  imposed. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


229 


Section  7.  This  ordinance  shall  go  into  effect  immediately  upon 
and  after  its  approval. 


(Approved  October  30,  1890.  Vol.  3,  p.  527.) 


ORDINANCE  No.  1224. 


AN  ORDINANCE  RESTRICTING  THE  NUMBER  OF  MILCH  COWS, 
OR  STEERS,  OR  BULLS  FOR  BREEDING  PURPOSES,  THAT 
SHALL  BE  KEPT  ON  ANY  BLOCK  WITHIN  THE  CITY  OF 
OAKLAND,  EXCEPTING  THAT  PART  OF  SAID  CITY  LYING 
EAST  OF  THE  EASTERN  BOUNDARY  OF  THE  TERRITORY 
ANNEXED  TO  THE  CITY  OF  OAKLAND  AND  DESCRIBED  BY 
ORDINANCE  APPROVED  APRIL  4,  1872,  AND  NORTH  OF  THE 
CHARTER  LINE  OF  THE  CITY  OF  OAKLAND,  ESTABLISHED 
BY  THE  LEGISLATURE  OF  THE  STATE  OF  CALIFORNIA,  IN 
1853,  IN  SO  FAR  AS  SAID  LINE  EXTENDS  FROM  THE  WEST 
SHORE  TO  THE  EAST  SHORE  OF  LAKE  MERRITT;  ALSO, 
NORTH  OF  THE  TERRITORY  ANNEXED  AND  DESCRIBED  IN 
AN  ORDINANCE  APPROVED  NOV.  4,  1872. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  corpora¬ 
tion  to  keep  or  maintain  any  bull  for  breeding  purposes,  or  more  than 
two  (2)  milch  cows  or  steers  for  any  purpose,  on  premises  located 
in  any  block  within  the  City  of  Oakland,  provided,  that  that  portion 
of  said  city  annexed  thereto  by  virtue  of  an  election  held  therein  on 
the  10th  day  of  June,  1897;  also  a  portion  of  the  territory  which  was 
annexed  to  the  city  by  virtue  of  an  election  held  July  14,  1891,  and 
described  as  follows: 

Beginning  at  a  point  on  the  northern  boundary  of  the  City  of 
Oakland,  said  point  being  150  feet  at  right  angles  westerly  from  the 
•center  line  of  Pleasant  Valley  avenue;  thence  southerly  along  a  line 
150  feet  at  right  angles  westerly  from  and  parallel  with  said  center 
line  of  Pleasant  Valley  avenue  to  its  intersection  with  the  center  line 
of  Perry  street;  thence  southeasterly  along  the  center  line  of  Perry 
street  and  said  center  line  of  Perry  street  produced  southeasterly  to 
its  intersection  with  the  old  charter  line;  thence  following  northerly 
and  easterly  the  old  charter  line  to  the  northern  boundary  line  of  the 
-city,  shall  not  be  subject  to  the  provisions  of  this  ordinance. 

(Amendment  approved  March  1,  1898.  Vol.  5,  p.  239.) 


230 


GENERAL  MUNICIPAL  ORDINANCES 


Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars;  and  for 
every  dollar  of  such  fine  not  paid  shall  be  imprisoned  in  the  City 
Prison  at  the  rate  of  one  day  for  each  dollar  of  the  fine  so  imposed 
and  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  go  into  full  force  and  effect  in 
sixty  days  after  its  approval. 

(Approved  November  17,  1890.  Yol.  3,  p.  535.) 

[Note. — The  territories  excepted  from  the  operations  of  this  ordi¬ 
nance  by  the  terms  of  Section  1  thereof,  ante,  are  (1)  the  annexed 
territory  of  1897  described  in  Section  5  hereof,  and  (2)  the  annexed 
territory  of  1891,  which  may  be  described  generally  as  that  portion 
of  the  city  lying  east  of  Cemetery  Creek,  and  its  southerly  continuation 
to  Lake  Merritt,  and  north  of  Lake  Merritt,  Indian  Gulch  and  Millbury 
street.  For  a  particular  description  see  Vol.  3,  of  ordinances,  page  605. J 


ORDINANCE  No.  1293. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE  HEALTH 
OFFICER  OF  ALL  CASE'S  OF  SICKNESS  OR  DEATH  FROM 
CERTAIN  DISEASES 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1  Every  Physician  in  the  City  of  Oakland  shall  imme¬ 
diately  report  to  the  Health  Office,  in  writing,  every  patient  he  shall 
have  sick  of  typhus  or  ship  fever,  yellow  fever,  Asiatic  cholera,  small¬ 
pox,  bubonic  plague,  diphtheria,  scarlet  fever  or  scarletina,  chicken- 
pox,  typhoid  fever,  malarial  fever,  or  pulmonary  tuberculosis  accom¬ 
panied  by  expectoration;  and  report  to  the  Health  Office  every  death 
from  any  of  the  said  diseases  immediately  after  it  shall  have  occurred. 
(Amendment  approved  Dec.  21,  1901.  Vol.  5,  p.  605.) 

Section  2.  Section  2  of  said  ordinance  is  hereby  amended  to  read 
as  follows.  Section  2.  Every  householder  in  the  City  of  Oakland  shall 
immediately  report  in  writing  to  the  Health  Office  the  name  of  every 
inmate  of  his  or  her  house,  whom  he  or  she  shall  have  reason  to  be- 
live  sick  of  typhus  or  ship  fever,  yellow  fever,  Asiatic  cholera,  small¬ 
pox,  bubonic  plague,  diphtheria,  scarlet  fever  or  scarletina,  chickenpox,. 
typhoid  fever,  malarial  fever,  or  pulmonary  tuberculosis  accompanied 
by  expectoration,  and  report  every  death  occurring  at  his  or  her  house 
from  any  of  the  said  diseases. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


231 


(Amendment  approved  Dec.  21,  1901.  Vol.  5,  p.  605.) 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  Its 
approval. 

(Approved  July  9,  1891.  Vol.  3,  p.  647.) 


ORDINANCE  No.  1297. 


AN  ORDINANCE  TO  PREVENT  THE  SALE  OF  BAD  AND  UN¬ 
WHOLESOME  MEATS  AND  PROVISIONS  WITHIN  THE  CITY 

OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  sell  or  offer  or  expose  for  sale  for 

human  food  in  the  City  of  Oakland  any  blown,  meager,  diseased  or 

bad  meat,  poultry,  game  or  other  unwholesome  provisions,  nor  any 
unsound,  diseased  or  unwholesome  fish,  fruit,  vegetables  or  other  market 
produce. 

Section  2.  No  sick  or  diseased  animal  or  the  flesh  of  any  animal 
which  when  killed  was  sick  or  diseased,  or  that  died  a  natural  or  acci¬ 
dental  death,  shall  be  brought  into,  sold  or  exposed  or  offered  fort 
sale  in  the  City  of  Oakland,  and  no  calf  shall  be  slaughtered  or  sold 

or  brought  into  said  city  for  sale  for  human  food,  unless  it  is  in  good, 

healthy  condition,  at  least  four  weeks  of  age,  and  weighs  not  less  than 
sixty  (60)  pounds  when  the  entrals,  head  and  feet  have  been  removed. 

(Amendment  approved  May  22,  1896.  Vol.  5,  p.  66.) 

Section  3.  Any  article  or  animal  that  shall  be  offered  or  exhibited 
for  sale  in  any  market  or  elsewhere  in  the  City  of  Oakland  as  though 
it  was  intended  for  sale  will  be  deemed  offered  and  exposed  for  sale 
within  the  intent  and  meaning  of  this  ordinance. 

Section  4.  Any  person  who  in  violation  of  the  preceding  sections 
of  this  ordinance  shall  bring  within  the  said  city,  slaughter  or  sell  or 
expose  for  sale  any  article  or  animal  (therein  prohibited  from  sale) 
or  which  is  unfit  or  unsafe  for  human  food  shall  forfeit  the  same  to 
the  city,  and  the  Board  of  Health  shall  forthwith  cause  the  same  to  be 
removed  in  such  manner  as  will  insure  safety  and  protection  to  the 
public  health. 

Section  5.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 


232 


GENERAL  MUNICIPAL  ORDINANCES 


persons  in  any  manner,  either  mechanically  or  otherwise,  to  blow  up 
or  inflate  any  meat  kept  for  sale  or  intended  to  be  sold  for  human 
food  within  the  City  of  Oakland. 

Section  6.  Every  owner  or  occupant  of  a  market,  market  place 
or  stall  therein  within  the  City  of  Oakland  shall  use  due  care  and 
attention  to  maintain  cleanliness  thereat  by  the  prompt  removal  of  all 
rubbish  or  other  matter  tending  to  create  stench  or  generate  disease. 

Section  7.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars,  and  in  case  such  fine  be  not  paid  then  the  person  so  fined 
may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of 
the  fine  so  imposed. 

Section  8.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  July  9,  1891.  Vol.  3,  p.  652.) 


ORDINANCE  No.  1329. 


AN  ORDINANCE  REQUIRING  THE  BURIAL  OF  PERSONS  HAVING 
DIEID  FROM  CONTAGIOUS  DISEASES  WITHIN  TWENTY- 
FOUR  HOURS  AFTER  DEATH,  AND  PROHIBITING  FORMAL 
FUNERALS  IN  PUBLIC  PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  infectious  or  contagious  diseases,  such  as 
smallpox,  diphtheria,  scarletina  or  Asiatic  cholera  have  existed  in  a 
household  in  the  City  of  Oakland,  and  the  person  so  afflicted  has  died, 
the  body  of  said  decedent  must  not  be  removed  from  the  apart¬ 
ment  in  which  death  occurred,  except  for  burial.  The  interment  of 
the  body  must  take  place  within  twenty- four  hours  after  death.  In 
the  oases  of  all  deaths  from  such  diseases,  no  formal  inspection  or 
viewing  of  such  remains  by  persons  other  than  the  visiting  physician, 
Health  Officer  and  the  immediate  members  of  the  family  must  be 
permitted.  No  formal  services  or  ceremonies  shall  be  held  within  the 
premises  where  said  death  occurs  over  the  remains  of  the  person  who 
has  died  from  any  of  said  diseases,  nor  shall  the  body  of  any  person 
whose  death  has  occurred  from  any  of  said  diseases  be  conveyed  to 
any  church  or  other  place  of  worship  for  any  purpose  whatever. 

Section  2.  Every  person  violating  any  provision  of  this  oi  di- 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol¬ 
lars,  and  in  case  such  fine  be  not  paid,  then  the  person  so  fined  may 


OF  THE  CITY  OF  OAKLAND.  CAL. 


233 


be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

■  *  j  ■  *  ' 

(Approved  September  30,  1891.  Vol.  3,  p.  694.) 


ORDINANCE  No.  1331. 

\  _ 

AN  ORDINANCE;  REQUIRING  THE  OBTAINING  OF  PERMITS  FOR 

THE  INTERMENT  OR  REMOVAL  OF  DEAD  BODIES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

ft  ■  •  .  •  '  ■  ... 

Section  1.  No  person  shall  deposit  in  any  cemetery  in  the  City 
of  Oakland  the  body  of  any  human  being  who  has  died  in  the  said 
city,  or  remove  the  same  from  Within  the  limits  of  the  city  without 
first  having  obtained  and  filed  at  the  Health  Office  a  certificate,  signed 
by  a  legally  licensed  physician  or  coroner,  setting  forth  as  near  as 
possible  the  name,  age,  sex,  color,  place  of  birth,  occupation,  locality, 
and  cause  of  death  of  deceased,  and  obtained  from  the  Health  Officer 
a  permit  in  writing  therefor  for  burial  or  other  purposes. 

-,/i  |  G  * ' 

Section  2.  No  person  shall  transport  in  or  through  the  streets 
or  highways  of  the  City  of  Oakland  the  body  of  any  human  being 
who  has  died  without  the  limits  of  the  city,  or  any  body  or  remains 
of  a  deceased  person,  exhumed  or  taken  from  any  grave,  unless  the 
person  transporting  such  body  or  remains  shall  first  obtain  from  the 
Health  Officer  a  permit  in  writing  therefor,  which  shall  accompany 
the  body  or  remains.  (See  Charter,  Sec.  180.) 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  698.) 


ORDINANCE  No.  1332. 


AN  ORDINANCE  TO  REGULATE  THE  MANNER  OF  KEEPING 
COWS  AND  OTHER  ANIMALS. 


234 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  in  the  City  of  Oakland  keep  any  cow, 
horse,  cattle,  goat,  swine  or  other  animal  in  such  manner  as  may 
injuriously  affect  the  health  of  any  neighborhood  or  person. 

Section  2.  Every  person  having  the  care  or  control  of  any  yard, 
stable,  pen  or  other  place  in  the  City  of  Oakland  where  cows,  horses, 
cattle,  goats,  swine  or  other  animals  are  kept  shall  keep  such  yard, 
stable,  pen  or  place  clean  and  free  from  stagnant  water  and  all  filthy 
or  unhealthful  substances. 

Section  3.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dollars;  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  699.) 


ORDINANCE  No,  1344. 


AN  ORDINANCE  TO  PREVENT  THE  DISCHARGE  OR  DEPOSIT 

OF  SEiWAGE,  DRAINAGE  AND  GARBAGE  INTO  LAKE  MER¬ 
RITT. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  cause  or  permit  any  sewage,  drain¬ 
age  or  garbage  of  any  house  or  premises  to  be  discharged  info  or  de¬ 
posited  in  Lake  Merritt  or  any  of  its  tributary  streams,  within  the 
limits  of  the  City  of  Oakland. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  712.) 


/ 


OP  THE  CITY  OP  OAKLAND,  CAL. 
ORDINANCE  No.  1346. 


AN  ORDINANCE  TO  PROHIBIT  THE  MAINTENANCE  OF  STAG¬ 
NANT  WATER  AND  NAUSEOUS  AND  OFFENSIVE  SUB¬ 
STANCES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  having  the  possession  or  control  of  any 
real  property  in  the  City  of  Oakland  shall  cause,  permit  or  allow  upon 
the  same,  any  stagnant  water  or  any  nauseous  or  offensive  substance. 

(As  amended.  Vol.  5,  p.  541.) 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol  3,  p  714) 


ORDINANCE  No.  1348. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE  HEALTH 

OFFICE  OF  ALL  BIRTHS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  E'very  physician  and  midwife  in  the  City  of  Oakland 
shall  report  to  the  Health  Office  on  or  before  the  fifth  day  of  each 
month,  all  births  occurring  in  his  or  her  practice  during  the  previous 
month.  In  the  absence  of  such  physician  or  midwife  it  shall  be  the 
duty  of  the  parent  or  parents  to  make  such  report  within  thirty  days 
after  the  birth  of  any  child  to  them. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  “An  Ordinance  Concerning  a 
Record  of  Births  in  the  City  of  Oakland,”  approved  Nov.  14,  1870,  is 
hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  716.) 


236 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1360. 


AN  ORDINANCE  PROHIBITING  THE  BRINGING  INTO  THE  CITY 

OF  OAKLAND  THE  BODY  OF  ANY  PERSON  WHO  DIED  OF 

A  CONTAGIOUS  DISEASE,  WITHIN  ONE  YEAR  OF  THE  DAY 

OF  DEATH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  master,  captain  or 
conductor  in  charge  of  any  boat,  vessel,  railroad  car  or  public  or 
private  conveyance  to  bring  into  the  City  of  Oakland  the  dead  body 
of  any  person  who  died  of  a  contagious  disease  within  one  year  of 
the  day  of  death. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dol¬ 
lars,  or  in  case  such  fine  be  not  paid,  then  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  14,  1891.  Vol.  3,  p.  731.) 


ORDINANCE  No.  1456. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONTROL  AND  MAN¬ 
AGEMENT  AND  LOCATION  OF  A  HOSPITAL,  FOR  CONTA¬ 
GIOUS  DISEASES,  GRANTING  GROUNDS  AND  DESIGNATING 
THE  DUTIES  OF  THE  HEALTH  OFFICER  IN  RELATION  TO 
CERTAIN  CONTAGIOUS  DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  a  case  of  smallpox,  Asiatic  cholera,  yellow 
or  typhus  fever  is  reported  to  the  Health  Officer,  he  shall  immediately 
visit  the  premises  where  the  person  is;  and  the  said  Health  Officer, 
upon  personal  inspection  shall,  in  case  of  smallpox,  Asiatic  cholera, 
yellow  or  typhus  fever,  immediately  cause  to  be  displayed  a  quaran¬ 
tine  flag  in  a  conspicuous  place  on  said  premises,  and  put  upon  the 
doorway  of  houses  infected  with  such  diseases  a  placard  setting  forth 
the  fact,  the  flag  to  remain  during  the  continuance  of  the  disease  on 
said  premises. 


OF  THE  CITY  OF  OAKLAND,  CAB. 


237 


Section  2.  The  Board  of  Health  may  locate,  establish  and  main¬ 
tain  a  hospital  for  contagious  diseases,  and  discontinue  and  remove 
the  same  when  and  where  such  location,  establishment  and  main¬ 
tenance  or  discontinuance  and  removal  may  be  necessary  to  the 
preservation  of  public  health,  They  may  appoint  and  remove  at 
pleasure  such  physicians  and  nurses  (whose  compensation  shall  be 
fixed  by  the  Council)  for  said  hospital  as  may  be  necessary  to  main¬ 
tain  the  efficiency  of  the  same  and  comfort  of  the  inmates;  and  may 
cause  to  be  removed  thereto  and  kept  any  person  within  the  limits 
of  the  city  affected  with  smallpox,  Asiatic  cholera,  yellow  or  typhus 
fever;  provided,  that  no  person,  unless  he  is  unable  or  refuses  to 
maintain  such  quarantine  as  may  be  prescribed  by  resolution  of  the 
Board  of  Health,  shall  be  so  removed  to  any  such  hospital.  The 
Board  of  Health  may  make  all  rules  and  regulations  regarding  the 
conduct  of  said  hospital  as  may  be  needful.  No  person  shall  remove 
a  patient  affected  with  'the  diseases  above  named  from  any  house 
or  place  within  the  limits  of  the  city  or  to  any  other  house  or  place 
without  the  permission  of  the  Health  Officer. 

Section  3.  The  Board  of  Health  may  proclaim  such  quarantines 
and  establish  and  declare  such  quarantine  districts  and  grounds,  and 
the  boundaries  thereof,  as  may  in  their  judgment  be  necessary  for  the 
preservation  of  public  health;  and  may,  when  deemed  necessary,  re¬ 
quire  all  vessels,  railroad  cars  or  other  public  conveyances,  before  the 
same  shall  land  or  stop  at  any  landing,  depot  or  any  stopping  place 
in  the  city,  to  stop  or  touch  at  any  of  either  of  the  districts,  grounds 
or  boundaries  so  selected  and  established  for  quarantine  purposes, 
and  leave  all  such  persons,  with  their  stores  and  baggage,  as  in  the 
opinion  of  the  Health  Officer  or  physician  stationed  at  such  quarantine 
site,  places  or  boundaries  shall  be  deemed  proper  on  account  of  the 
existence  or  general  report  of  Asiatic  cholera,  smallpox,  yellow  or 
typhus  fever. 

Section  4.  The  said  Board  of  Health  shall  make  such  rules  and 
regulations  for  the  government  of  the  quarantine  or  the  health  of 
the  city  as  from  time  to  time  they  shall  deem  necessary;  and  the 
physicians  or  Health  Officers  in  charge  of  any  quarantine  station  or 
place  shall  have  power  to  make  and  enforce  such  regulations  as  may 
be  necessary  for  the  proper  management  thereof;  and  it  shall  be  the 
duty  of  all  persons  in  quarantine,  and  all  agents,  officers,  policemen 
or  others  employed  by  the  city  in  and  about  said  quarantine  stations 
or  places,  to  carry  out  and  obey  the  same. 

Section  5.  EVery  person  violating  any  provision  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dol¬ 
lars,  and  in  case  such  fine  be  not  paid,  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  6.  This  ordinance  shall  'take  effect  immediately  upon  its 

approval. 

(Approved  September  7,  1892.  Vol.  4,  p.  276.) 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1870. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONTROL  AND  MANAGE¬ 
MENT  AND  LOCATION  OF  QUANANTINE  DISTRICTS,  AND 

DESIGNATING  THE  DUTIES  OF  THE  HEALTH  OFFICER  IN 

RELATION  TO  CERTAIN  CONTAGIOUS  DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  a  case  of  diphtheria  or  scarlet  fever  is  re¬ 
ported  to  the  Health  Officer  by  a  regularly  licensed  physician,  he 
shall  immediately  cause  to  be  displayed  in  a  conspicuous  place  on 
the  premises  where  such  disease  exists,  and  put  upon  the  doorway 
of  the  houses  infected  with  such  disease  a  placard  setting  forth  the 
fact,  the  same  to  remain  during  the  continuance  of  the  disease  on 
said  premises. 

Sction  2.  The  Board  of  Heath  may  proclaim  such  quarantines 
and  establish  such  quarantine  districts  and  the  boundaries  thereof  as 
may  be  nece-ssary  for  the  preservation  of  the  public  health  and  for 
the  control  of  the  diseases  hereinabove  mentioned. 

Section  3.  The  Board  of  Health  shall  make  such  rules  and  regu¬ 
lations  for  the  government  of  such  quarantines  or  quarantine  dis¬ 
tricts  as  from  time  to  time  they  shall  deem  necessary  for  the  health 
of  the  city,  and  the  physician  or  Health  Officer  in  charge  of  said 
quarantines  or  said  quarantine  districts  shall  have  power  to  make 
and  enforce  such  regulations  as  may  be  necessary  for  the  proper 
management  thereof;  and  it  shall  be  the  duty  of  all  persons  in  quar¬ 
antine,  and  all  agents,  officers,  policemen  and  others  employed  by 
the  city  in  and  about  said  quarantines  and  quarantine  districts  to 
carry  out  and  obey  the  same. 

Section  4.  No  person  except  the  duly  authorized  agent  of  the 
Board  of  Health  shall  remove,  tear  down,  cover  up,  obliterate  or 
destroy  any  copy  of  any  order  of  the  Board  of  Health  placarded  and 
fixed  conspicuously  on  the  front  of  any  building  as  required  and  pro¬ 
vided  for  by  the  provisions  of  this  ordinance. 

Section  5.  The  fixing  of  a  copy  or  copies  of  any  order  of  the 
Board  of  Health  required  and  provided  for  by  the  provisions  of  this 
ordinance  upon  any  building  within  the  City  of  Oakland  is  hereby 
declared  not  to  be  a  defacing  of  said  building  in  the  meaning  of  Or¬ 
dinance  No.  932,  entitled  “An  Ordinance  to  Prohibit  the  Defacing 
of  Buildings  and  Trees  by  Advertising  Notices,  and  to  Prohibit 
Carrying  Placards  and  Distribution  of  Advertising  Notices  on  Side¬ 
walks  in  the  City  of  Oakland,”  approved  September  4,  1883. 

Section  6.  EVery  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 


OF  THE  CITY  OF  OAKLAND,  CAL. 


239 


dollars,  and  in  case  the  fine  be  not  paid,  the  person  so  fined  may  be 
imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  7.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  Feb.  12,  1898.  Vol.  5,  p.  229.) 


ORDINANCE  No.  1520. 


AN  ORDINANCE  TO  PROTECT  SEWERS  AND  SEWERING  IN  THE 
CITY  OF  OAKLAND  BY  PROHIBITING  THE  UNAUTHORIZED 
DISCHARGE,  DEPOSIT  OR  INTRODUCTION  THEREIN  OF 
SEWAGE',  DRAINAGE  OR  GARBAGE  MATTER  FROM  WITHOUT 
THE  CITY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  without  having  first  obtained  the  permission 
of  the  Council  of  the  City  of  Oakland  so  to  do,  shall  directly  or  indi¬ 
rectly  discharge,  deposit  or  introduce  from  without  the  City  of  Oakland 
any  sewage,  drainage  or  garbage  matter  in  or  into  any  sewer  within 
the  City  of  Oakland,  or  in  or  into  any  sewer  extension,  sewer  branches 
or  sewer  connection  connecting  therewith. 

Outside  sewers,  for  the  purposes  of  this  ordinance,  are  those  ly¬ 
ing  outside  the  City  of  Oakland.  The  use  or  connection,  or  con¬ 
tinuance  of  the  use  or  connection,  of  any  outside  sewer  in  conjunc¬ 
tion  or  connection  with  any  sewer  extension  or  sewer  pipe  which 
connects  with  any  sewer  within  this  city,  by  which  outside  sewer 
use  or  connection,  or  the  continuance  of  either,  any  sewage,  drain¬ 
age  or  garbage  matter  is  allowed  or  caused,  directly  or  indirectly,  to 
be  introduced  or  conveyed  into  any  sewer  wfithin  this  city,  is  and 
shall  be  deemed  a  violation  of  this  ordinance,  unless  before  such  out¬ 
side  use  is  begun  or  continued,  or  before  such  outside  connection  Is 
made  or  maintained,  permission  of  said  Council  to  enter  upon  or  con¬ 
tinued  such  use  or  to  make  or  maintain  such  connection,  shall  hav« 
first  been  obtained. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  exceeding  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  April  27,  1893.  Vol.  4,  p.  415.) 


I 


240  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1532. 


AN  ORDINANCE  PROVIDING  FOR  THE  PLACARDING  AND  VA¬ 
CATING  OF  BUILDINGS  UNFIT  FOR  HUMAN  HABITATION, 
AND  REPEALING  ORDINANCE  NO.  1225,  ENTITLED  “AN  OR¬ 
DINANCE  REQUIRING  THE  VACATING  OF  BUILDINGS  UN¬ 
FIT  FOR  HUMAN  HABITATION,”  APPROVED  NOVEMBER 
25,  1890. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  it  shall  be  certified  to  the  Board  of  Health 
by  the  Health  Officer  that  any  building-  or  part  thereof  is  unfit  for 
human  habitation  by  reason  of  its  being  so  infected  with  disease,  or 
from  other  causes,  as  to  be  likely  to  cause  sickness  among  its  occu¬ 
pants,  said  Board  may  issue  an  order  requiring  all  persons  therein 
to  vacate  said  building,  or  the  infected  part  thereof,  and  shall  cause 
a  copy  of  said  order  to  be  affixed  conspicuously  on  the  front  of  the 
said  building,  and  shall  also  cause  a  copy  of  said  order  to  be  served 
personally,  or  by  mail,  if  personal  service  cannot  be  made,  upon  the 
owner,  agent  or  lessess  of  said  building.  Said  order  shall  state  the 
reasons  for  requiring  the  infected  building  or  portions  thereof  to  be 
vacated,  and  shall  require  the  said  infected  building  or  portions  thereof 
to  be  vacated  within  ten  days  after  the  affixing  thereon,  as  hereinbefore 
provided  of  a  copy  of  said  order;  provided,  however,  that  if  in  the 
opinion  of  the  Board  of  Health,  the  public  safety  and  health  shall 
require  said  infected  building  or  portion  thereof  to  be  sooner  vacated, 
then  the  said  Board  of  Health  may  require,  and  said  order  shall 
provide  for,  the  vacating  of  said  infected  building  or  portion  thereof 
within  a  shorter  time  than  ten  days;  provided,  however,  that  said 
shorter  time  shall  in  no  case  be  less  than  twenty- four  hours  from 
the  affixing  of  a  copy  of  said  order  upon  said  infected  building. 

Section  2.  No  person  except  a  duly  authorized  agent  of  the  Board 
of  Health  shall  remove,  tear  down,  cover  up,  obliterate  or  destroy 
any  copy  of  any  order  of  the  Board  of  Health  affixed  conspicuously 
upon  the  front  of  any  building,  as  required  and  provided  for  by  the 
provisions  of  this  ordinance. 

Section  3.  The  affixing  of  a  copy  or  copies  of  any  order  of  the 
Board  of  Health  required  and  provided  for  by  the  provisions  of  this 
ordinance  upon  any  building  within  the  City  of  Oakland,  is  hereby 
declared  not  to  be  a  defacing  of  said  building  within  the  meaning  of 
Ordinance  Number  932,  entitled,  “An  Ordinance  to  Prohibit  the  Defac¬ 
ing  of  Buildings  and  Trees  by  Advertising  Notices,  and  to  Prohibit 
Carrying  of  Placards  and  Distribution  of  Advertising  Notices  on  Side¬ 
walks  in  the  City  of  Oakland,”  approved  September  4,  1883. 

Section  4.  Every  person  violating  any  of  the.  provisions  of  this 


OF  THE  CITY  OF  OAKLAND,  CAL. 


241 


ordinance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars; 
and  in  case  such  fine  be  not  paid,  then  by  imprisonment  in  the  City 
Prison  of  the  said  City  of  Oakland  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  5.  Ordinance  No.  1225,  entitled,  “An  Ordinance  Requiring 
the  Vacating  of  Buildings  Unfit  for  Human  Habitation,”  approved  No¬ 
vember  25,  1890,  is  hereby  repealed. 

Section  6.  All  ordinances  and  sections  or  parts  of  ordinances  in 
conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force  im¬ 
mediately  upon  its  approval. 

(Approved  June  19,  1893.  Vol.  4,  p.  435.) 


ORDINANCE  No.  1595. 


AN  ORDINANCE  CONCERNING  THE  REMOVAL  OF  SWILL,  GARB¬ 
AGE,  FILTH,  OFFAL  OF  ANY  KIND,  MANURE,  RUBBISH  OR 
ANY  OFFENSIVE  OR  ILL  SMELLING  MATTER,  OR  ANY  AD¬ 
MIXTURE  OF  SWILL,  GARBAGE,  FILTH,  OFFAL,  OF  ANY 
KIND  OR  ANY  OFFENSIVE  OR  ILL- SMELLING  MATTER  a^D 
REPEALING  ORDINANCE  NO.  1576,  ENTITLED,  “AN  ORDI¬ 
NANCE  CONCERNING  THE  REMOVAL  OF  SWILL,  GARBAGE, 
FILTH,  BUTCHERS’  OFFAL,  MANURE  AND  RUBBISH,”  AP¬ 
PROVED  NOVEMBER  29,  1893. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  use 
any  cart  or  vehicle  upon  any  public  street,  lane  or  alley  within  the 
limits  of  the  City  of  Oakland  for  the  conveyance  or  removal  of  swill, 
garbage,  filth,  offal  of  any  kind,  or  any  offensive  or  ill-smelling  matter, 
or  any  admixture  of  swill,  garbage,  filth,  offal,  of  any  kind,  or  any 
offensive  or  ill-smelling  matter,  between  the  hours  of  12  o’clock 
noon  and  6  o’clock  in  the  evening  of  each  day. 

Section  2.  No  person  shall  use  any  cart  or  vehicle  for  the  con¬ 
veyance  or  removal  of  swill,  garbage,  filth,  offal  of  any  kind  or  any 
offensive  or  ill- smelling  matter,  or  any  admixture  of  swill,  garbage, 
filth,  offal  of  any  kind,  or  any  offensive  or  ill -smelling  matter,  unless 
the  said  cart  is  staunch,  tight  and  closely  covered  with  a  wooden  or 
metal  cover,  so  as  10  wholly  prevent  leakage  or  smell;  nor  use  any 
cart  or  vehicle  for  the  conveyance  or  removal  of  manure  unless  the 


242 


GENERAL  MUNICIPAL  ORDINANCES 


said  cart  or  vehicle  be  provided  with  a  canvas  cover  securely  fastened 
over  the  top  thereof,  and  be  so  constructed  as  to  prevent  the  deposit 
of  such  manure  or  any  portion  thereof  in  or  upon  the  streets  through 
which  said  cart  or  vehicle  may  be  driven.  For  the  purposes  of  this 
ordinance  the  term  “manure”  shall  only  include  the  dung  of  animals 
mixed  with  hay  or  straw  or  both  hay  and  straw. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
(100)  dollars,  and  in  case  such  fine  be  not  paid,  then  the  person  so 
fined  may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars 
of  the  fine  so  imposed. 

Section  4.  Ordinance  Number  1576,  entitled  “An  Ordinance  Con¬ 
cerning  the  Removal  of  Swill,  Garbage,  Filth,  Butchers’  Offal,  Manure 
and  Rubbish,”  approved  November  29,  1893,  is  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  Feb.  14,  1894.  Vol.  4,  p.  527.) 


ORDINANCE  No.  1616. 


AN  ORDINANCE  REQUIRING  THE  REPORTING  TO  THE  HEALTH 

OFFICE  OF  ALL  ANIMALS  SUFFERING  FROM  CERTAIN 

DISEASES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  Veterinary  Surgeon  practicing  medicine  in  the 
City  of  Oakland  shall  immediately  report  in  writing  to  the  Health 
office  every  animal  he  shall  have  sick  of  contagious  pleuro- pneumonia, 
tuberculosis,  foot  and  mouth  disease,  anthrax,  Texas  fever, t  actinomy¬ 
cosis,  glanders,  farcy  and  hydrophobia. 

t 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  'by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  July  3,  1894.  Vol.  4,  p.  571.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


243 


ORDINANCE  No.  1618. 


AN  ORDINANCE  TO  PROHIBIT  AND  PUNISH  THE  PRODUCTION 

OR  SALE  OF  UNWHOLESOME  OR  ADULTERATED  MILK  OR 

CREAM. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  ioIIows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons  to 
bring  into  the  City  of  Oakland,  or  to  sell,  exchange  or  distribute,  or 
•expose  for  sale,  exchange  or  distribution,  any  diluted,  impure,  adulter¬ 
ated  or  unwholesome  milk. 

Section  2.  It  shall  be  unlawful  for  any  person  or  persons  to  keep 
any  cow  or  cows  for  the  production  of  milk  for  sale,  exchange  or 
distribution,  in  said  City  of  Oakland,  in  any  crowded  or  unhealthy 
condition,  or  to  feed  said  cow  or  cows  on  any  food  or  give  them  any¬ 
thing  to  drink  which  could  or  would  produce  impure,  diseased  or  un¬ 
wholesome  milk. 

Section  3.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 
persons  to  offer  for  sale,  exchange  or  distribution  any  milk  in  the 
City  of  Oakland,  unless  the  name  of  the  dairy  or  dairies  from  which 
said  milk  is  brought  is  conspicuously  and  legibly  inscribed  upon  the 
wagon  or  vehicle  in  which  said  milk  is  sold,  exchanged  or  distributed, 
in  letters  at  least  three  inches  in  height  and  unless  the  name  or  initials 
of  the  name  of  said  dairy  be  also  legibly  and  distinctly  inscribed  upon 
the  cans  containing  said  milk  in  letters  at  least  one  and  one-half  inches 
,in  height. 

Section  4.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 
persons  to  deliver  any  milk  in  the  City  of  Oakland  unless  they  shall 
register  the  dairy  or  dairies  from  which  said  milk  comes  in  the  Health 
Office.  Said  registration  shall  consist,  first,  in  giving  the  name  or 
names  of  the  owner  of  owners  of  the  dairy;  second,  in  givng  the  name 
or  names  of  the  dairy  or  dairies  from  which  the  milk  is  taken; 
third,  in  giving  the  location  of  the  dairy  or  dairies  from  which  the 
milk  is  taken;  fourth,  in  giving  the  number  of  cows  owned  and  milked 
in  said  dairy;  fifth,  every  owner  of  a  dairy  in  the  City  of  Oakland,  or 
bringing  milk  into  said  city,  shall  cause  the  same  to  be  registered  at 
the  Health  Office  within  thirty  days  after  the  approval  and  adoption 
•of  this  ordinance,  or  within  thirty  days  after  commencing  to  do  a  dairy 
business  and  during  the  month  of  each  and  every  January  there¬ 
after  or  when  specially  notified  in  writing  so  to  do  by  the  Health 
Officer;  sixth,  all  changes  of  location  of  a  dairy  shall  be  reported  by 
the  owner  to  the  Health  Office  in  writing  15  days  after  said  change. 

Section  5.  It  shall  be  unlawful  for  any  person  to  bring  into  said 
city  for  the  purpose  of  sale,  exchange  or  distribution,  any  milk  from 
a  dairy  kept  in  an  unsanitary  or  unwholesome  condition,  or  for  any 


244 


GENERAL  MUNICIPAL  ORDINANCES 


person  to  expose  for  sale,  exchange  or  distribution  any  milk  from  such 
a  dairy;  nor  shall  any  milk  with  the  cream  abstracted  therefrom  be 
brought  into  said  city  for  the  purpose  of  sale,  exchange  or  distribution, 
unless  the  can  in  which  said  milk  is  contained  shall  have  plainly  let¬ 
tered  thereon  the  words  “Skimmed  Milk;”  nor  shall  any  milk  with  the 
cream  abstracted  therefrom  be  sold,  exchanged,  exposed  for  sale  or 
distributed  unless  the  can  in  which  said  milk  is  contained  shall  have 
plainly  lettered  thereon  the  words  “Skimmed  Milk.” 

(As  amended,  approved  January  26,  1901.  Vol.  5,  p.  532.) 

Section  6.  If  any  person  or  persons  who  sell,  exchange,  dis¬ 
tribute  or  expose  for  sale  milk  in  said  city  shall  keep  among  their 
cows  from  which  milk  is  obtained  to  be  sold,  exchanged,  distributed 
or  exposed  for  sale  any  sick  or  diseased  cow  or  cows,  after  notifica¬ 
tion  of  the  diseased  condition  of  said  cow  or  cows  by  the  Inspector 
of  Markets,  Meat  and  Milk  and  Veterinary  Surgeon,  such  person  or 
persons  shall  not  bring  or  sell  milk  within  the  said  city  while  retain¬ 
ing  the  ownership  or  possession  of  such  sick  or  diseased  cow  or  cows. 

Section  7.  It  shall  be  unlawful  for  any  person  or  persons  to  feed 
or  cause  to  be  fed  to  any  milch  cowst  any  still  slops,  brewers’  grains,, 
garbage  or  any  decayed  vegetable  matter  or  other  food  calculated  to 
render  the  milk  of  such  cows  unsuitable  or  unwholesome  for  human 
food. 

Section  8.  The  Health  Officer,  the  Inspector  of  Markets,  Meat 
and  Milk  and  Veterinary  Surgeon,  the  Sanitary  Inspector  or  any  po¬ 
lice  officer  shall  have  the  right,  and  it  shall  be  their  duty,  to  enter 
and  have  full  access,  egress  and  ingress  to  all  places  where  milk  is 
stored  or  kept  for  sale;  to  all  wagons,  carriages  or  other  vehicle,  rail¬ 
road  cars  or  conveyances  of  any  kind  used  for  the  conveyance  or 
transportation,  or  delivery  of  milk  to  any  warehouse,  dairy,  hotel, 
restaurant,  place  of  business,  factory,  buildings,  farms,  stables,  rail¬ 
road  depot,  ferry  or  steamer  landings,  erections  establishments  or 
places  of  any  kind,  to  all  vessels,  cans,  packages,  refrigerators  or  re¬ 
ceptacle  of  milk,  or  to  take  samples  therefrom,  not  exceeding  one  quart., 
for  the  purpose  of  inspecting,  testing  and  analyzing  the  same. 

Section  9.  All  samples  of  milk  taken  for  analysis  or  testing  under 
Section  8  of  this  ordinance  must  be  analyzed  or  tested  by  the  per¬ 
son  or  persons  who  may  be  designated  by  the  Board  of  Health  of  the 
City  of  Oakland  to  discharge  that  duty,  and  all  milk  that  shall  be 
shown  to  contain  less  than  three  per  cent  of  butter  fats,  as  shown  by 
“Dr.  Babcock’s  Milk  Tester,”  or  of  which  the  specific  gravity  shall  be 
found  to  be  less  than  1029  degrees  as  determined  by  the  lactometer, 
the  temperature  of  the  milk  at  the  time  of  the  testing  to  be  60  degrees 
Fahrenheit,  shall  be  deemed  to  be  impure,  unwholesome  and  adulter¬ 
ated.  (Amendment  approved  Jan.  4,  1896.  Vol.  5,  p.  21.) 

Section  10.  It  shall  be  the  duty  of  the  owner,  agent,  or  man¬ 
ager  of  any  dairy  in  the  City  of  Oakland  or  supplying  milk  to  said 
city  to  report  to  the  Health  Office,  in  writing,  immediately  after  he 


‘  OP  THE  CITY  OP  OAKLAND,  CAL. 


245 


shall  be  aware  or  have  knowledge  that  any  person  employed  in  said 
dairy,  or  living  upon  the  premises  occupied  by  said  dairy,  is  suffer* 
ing  from  typhoid  fever  or  any  contagious  or  infectious  disease. 

Section  11.  Every  person  who  violates  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
•conviction  thereof  shall  be  fined  by  a  sum  not  less  than  twenty- five 
dollars,  nor  more  than  five  hundred  dollars,  and  in  case  such  fine  be 
not  paid,  then  the  person  or  persons  so  fined  shall  be  imprisoned  in 
the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each 
two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  12.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately  upon  its  passage  and  approval. 

(Approved  July  7  ,1894.  Vol.  4,  p.  5,73.) 


ORDINANCE  No.  2108. 


AN  ORDINANCE  PROVIDING  FOR  THE  MANNER  IN  WHICH 
PLUMBING  AND  SEWERING  FOR  DRAINAGE  SHALL  BE  EX¬ 
ECUTED  IN  THE  CITY  OF  OAKLAND,  THE  MATERIALS  TO  BE 
USED  THEREIN,  THE  REGISTRATION  AND  BONDS  OF 
PLUMBERS  EXECUTING  SUCH  PLUMBING  WORK,  AND  THE 
FILING  OF  PLANS  AND  NOTICE  TO  BE  GIVEN  AND  THE 
»  OBTAINING  OF  PERMITS  BY  PLUMBERS  AND  SEWER  MEN 
EXECUTING  THE  SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  persons  carrying  on  business  or  laboring  as  master 
or  journeyman  plumbers  in  the  city  shall  first  register  his  name  and 
address  at  the  Health  Office,  and  notice  of  any  change  in  the  place 
of  business  of  a  registered  plumber  shall  be  immediately  given  to  the 
Secretary  of  the  Board  of  Health. 

Section  2.  Every  master  plumber,  before  he  shall  register,  must 
give  a  bond  in  favor  of  the  City  of  Oakland  in  the  sum  of  five  hundred 
($500)  dollars,  with  two  good  and  sufficient  sureties,  for  the  faithful 
performance  of  his  duties  as  plumber,  which  said  bond  shall  be  approved 
by  the  Mayor  and  City  Attorney,  and  filed  in  the  office  of  the  Health 
Department. 

Section  3.  The  plumbing  and  drainage  of  any  buildings  and  ad¬ 
ditions  hereafter  erected  shall  be  executed  in  accordance  with  plans 
and  specifications  previously  filed  in  the  Health  Office,  and  duly  ap¬ 
proved  by  the  Sanitary  Inspector,  and  it  is  herewith  specially  set 


246 


GENERAL  MUNICIPAL  ORDINANCES 


forth  that  every  plumber  must  before  doing  any  work  in  any  building 
or  addition  hereafter  erected,  file  plans  and  specifications  in  said 
Health  Office,  correctly  describing,  in  detail,  the  work  to  be  done, 
also  give  names  of  owner,  architect  and  plumber,  and  the  correct  lo¬ 
cation  of  the  building. 

Section  4.  All  new  sewers  and  all  additions  to  sewers  shall  be 
constructed  in  accordance  with  plans  and  specifications  previously  filed 
in  the  Health  Office,  and  correctly  describing  in  detail  the  work  to 
be  done. 

Section  5.  All  material  must  be  of  good  quality  and  free  from 
defects;  all  defective  materia]  must  be  removed  and  sound  material 
put  in  its  place,,  and  the  work  must  be  executed  in  a  thorough  and 
workmanlike  manner. 

Section  6.  The  arrangement  of  all  soil,  vent  and  waste  pipes  must 
be  as  direct  as  possible.  The  soil  and  waste  pipes  and  the  traps,  where 
convenient,  should  be  exposed  to  view  for  ready  inspection  at  all  times, 
and  for  convenience  in  repairing. 

Section  7.  When  there  is  a  sewer  in  the  street,  every  house  or 
building  located  upon  a  lot  abutting  upon  said  street,  must  be  separ¬ 
ately  and  independently  connected  with  it  by  an  ironstone  or  cast 
iron  pipe.  This,  however,  shall  not  permit  the  use  of  intermediate 
sections  of  ironstone  pipe  between  cast  iron  pipe,  nor  the  introduction 
of  cast-iron  sections  between  iron-stone  pipe.  When  possible,  such 
connection  must  be  made  directly  opposite  the  house.  When  there  is 
no  sewer  in  the  street  upon  which  the  property  abuts,  and  it  is  neces¬ 
sary  to  construct  a  private  sewer  from  such  property  to  connect  with 
a  sewer  in  another  street,  alley  or  avenue,  it  must  be  laid  in  the  street 
on  which  such  property  abuts,  and  not  through  the  adjoining  lots  or 
under  the  houses  on  adjoining  property. 

Section  8.  All  joints  on  said  iron-stone  pipe  shall  be  made  with 
Portland  cement,  properly  mixed  with  clean,  sharp  sand,  the  pro¬ 
portions  thereof  being  one  part  cement,  two  parts  sand.  Each  joint, 
when  laid,  must  be  properly  cleaned  on  the  inside  by  a  suitable  scraper 
before  the  succeeding  pipe  is  put  in  place.  The  sewer  must  be  laid 
at  a  uniform  grade  throughout  its  entire  length,  and  in  as  straight 
a  line  as  possible.  All  changes  in  direction  must  be  made  with  curved 
pipes  and  all  connections  with  “Y”  branches  and  one -eighth  and  one- 
sixth  bends. 

All  joints  on  cast-iron  pipes  shall  be  made  with  a  suitable  packing 
of  hemp  or  oakum,  and  run  with  molten  lead  and  properly  caulked. 

Section  9.  When  the  lot  upon  which  the  building  is  erected,  or 
the  point  to  be  sewered,  is  not  within  one  hundred  and  fifty  (150)  feet 
of  the  line  of  a  street  having  a  sewer  therein,  cesspools  may  be  con¬ 
structed  of  brick  and  cement,  and  to  be  in  size  not  less  than  6x6x6 
feet.  The  top  of  said  cesspool  to  be  not  less  than  one  foot  below  the 
surface  of  the  ground  and  properly  ventilated.  The  bottom  and  sides 
of  said  cess-pools  to  be  made  impervious  to  water,  and  said  cess-pools 


OP  THE  CITY  OF  OAKLAND,  CAL. 


247 


to  be  cleaned  at  least  every  two  weeks  or  oftener  when  there  is  danger 
of  contamination  of  the  surrounding  soil.  Said  cess-pools  must  be 
placed  within  twenty  feet  of  any  part  of  any  inhabited  building,  and 
house  drains  connecting  therewith  must  'be  trapped  and  connected 
the  same  as  house  drains  connecting  with  street  sewers. 

Section  10.  A,ll  persons  before  connecting  with,  or  opening,  or, 
penetrating  any  public  sewer  or  drain,  must  first  obtain  a  permit  in 
writing  from  the  Board  of  Health.  Every  person  constricting  sewers 
must  report  to  the  office  of  the  Health  Department  every  new  sewer 
in  course  of  construction  or  addition  to  a  sewer  already  laid.  And 
when  said  sewer  or  addition  is  completed  he  must  fill  the  same  with 
water  for  the  purpose  of  testing  it,  where  it  lies  within  the  building 
lines,  and  report  to  said  office  when  it  is  ready  for  inspection.  In  no 
case  shall  the  sewer  be  covered  at  any  point,  either  within  or  without 
the  building  lines,  until  after  the  same  has  been  inspected  and  ac¬ 
cepted  by  the  inspector.  * 

Section  11.  Every  house  or  building  or  addition  hereafter  erected, 
must  have  the  house  drain  constructed  of  cast  iron,  where  it  lies 
under  the  building,  and  to  extend  beyond  said  building  or  foundation 
walls  not  less  than  one  foot,  provided  that  where  there  is  a  space  of  less 
than  two  (2)  feet  between  the  bottom  of  the  floor  joists  and  the  ground 
it  shall  be  what  is  known  to  the  trade  as  “extra  heavy  pipe,”  with 
fittings  to  correspond.  Said  pipe  and  fittings  to  be  stamped  as  such, 
and  said  mark  to  be  in  plain  sight  for  inspection.  Said  extra  heavy 
pipe  to  be  of  the  following  weights: 


2 

inches  . 

.  5i/2 

lbs  per  foot 

3 

inches  . 

.  9  y2 

lbs  per  foot 

4 

inches  . 

.  13 

lbs  per  foot 

5 

inches  . 

.  17 

lbs  per  foot 

6 

inches  . 

.  20 

lbs  per  foot 

but  when  the  house  drain  is  outside  the  building  lines  it  may  be  of 
iron-stone  pipe.  All  cast-iron  pipe  and  fittings  placed  underground 
shall  be  extra  heavy.  The  house  drain  must  have  a  fall  of  at  least 
one-fourth  of  an  inch  to  the  foot;  it  must  run  along  the  cellar  wall, 
where  practicable,  or  if  lain  under  the  lower  floor  of  the  building,  it 
shall  be  hung  in  iron  straps  securely  fastened  to  the  floor  joists,  and 
in  as  straight  a  line  as  possible.  Heavy  brass  clean-cuts  with  air¬ 
tight  screw  joints  must  be  placed  as  near  the  end  of  each  horizontal 
line  of  cast-iron  drain  pipe  as  practicable,  and  in  a  position  to  be  easily 
accessible  (where  said  line  extends  five  (5)  feet  in  length)  when  it 
runs  under  the  first  floor  of  any  building.  In  no  case  shall  they  be 
less  than  four  (4)  inches  in  diameter  on  the  main  horizontal  line,  and 
the  same  size  as  the  pine  on  all  other  branch  lines.  All  changes  in 
direction  must  be  made  with  curved  pipes,  and  all  connections  with  “Y” 
branches  and  one-eighth  bends,  with  a  trap  placed  under  the  side¬ 
walk.  The  trap  must  be  provided  with  a  fresh  air  inlet  on  the  house 
side  of  the  water  seal  of  at  least  four  (4)  inches  in  diameter,  leading 


248 


GENERAL  MUNICIPAL  ORDINANCES 


to  the  outer  air.  It  shall  be  the  duty  of  the  sewer  contractor  to  pro¬ 
vide  a  suitable  iron  box  for  protecting  the  fresh  air  inlet  at  the  curbs, 
when  iron-stone  pipe  is  used.  When  cast-iron  pipe  is  used  the 
plumber  shall  provide  a  suitable  iron  covering.  No  brick,  sheet  metal, 
or  earthenware  flue  shall  be  used  as  a  sewer  ventilator,  nor  shall  any 
chimney  flue  be  used  for  this  purpose.  All  horizontal  lines  of  pipe 
must  have  “Y”  branches  in  soil,  waste  or  drain  pipes.  No  tees  of  any 
kind  allowed  in  horizontal  pipes;  provided  what  is  known  to  the  trade 
as  “sanitary  tee”  may  be  used  in  vertical  pipes,  and  in  horizontal 
pipes  when  used  as  vent  outlets.  When  an  addition  is  made  to  any 
building,  and  the  sewer  or  house  drain  of  such  building  is  constructed 
of  iron-stone,  and  found  to  be  in  good  condition  and  runs  under  such 
building  or  under  the  space  to  be  covered  by  such  addition,  such  sewrer 
or  house  drain  need  not  be  removed,  and  connection  may  be  made 
therewith  for  the  drainage  of  such  addition. 

(House  Sewer) 

is  the  term  applied  to  that  portion  of  the  main  drain  extending 
from  a  point  one  foot  outside  of  the  outer  face  of  the  outer  front 
vault  or  area  wall  to  its  connection  with  the  public  sewen 

(House  Drain) 

is  the  term  applied  to  the  main  horizontal  drain  and  its  branches 
inside  the  walls  of  the  building,  extending  to  and  connecting  with  the 
house  sewer. 

(Soil  Pipe) 

is  the  term  applied  to  any  vertical  pipe  extending  through  the  roof, 
and  receiving  the  discharge  of  one  or  more  water  closets  with  or 
without  other  fixtures. 

(Waste  Pipe) 

iss  the  term  applied  to  any  vertical  pipe,  extending  through  the  roof, 
receiving  the  discharge  of  any  fixture  except  water  closets. 

Section  12.  Every  soil  pipe  shall  be  of  cast-iron.  All  cast-iron 
soil  or  waste  pipes  shall  be  properly  fastened  and  secured  with  heavy 
wrought  iron  straps  or  hooks.  If  hooks  are  used  they  shall  be  forged 
out  of  one  piece  of  iron,  not  welded.  Waste  pipes  must  be  of  cast- 
iron  or  lead.  Every  line  of  soil  pipe  leading  to  water  closets  above 
the  first  floor  must  extend  full  bore  one  (1)  foot  above  the  roof  or 

fire  walls;  every  line  of  waste  pipe  on  or  above  the  second  floor  where 

more  than  one  fixture  branches  into  same,  must  run  full  bore  one 
(1)  foot  above  the  roof  or  fire  wall.  All  waste  pipes  in  basement  and 
first  floor  to  be  vented  same  size  as  trap  of  fixtures.  No  vent  pipe 
shall  open  less  than  two  (2)  feet  above  the  top  of  any  window  or 

door  on  side  or  roof  of  the  house  where  said  vent  is  placed.  When 

the  vent  of  any  fixture  connecting  direct  with  sewer  or  house  drain 
comes  through  the  lower  roof  of  a  building,  the  opening  of  such  vent 
pipe  must  be  at  least  ten  (10)  feet  from  any  door  or  window  of  main 


OF  THE  CITY  OF  OAKLAND.  CAL. 


249 


building,  or  of  adjacent  building;  if  within  ten  feet  of  any  such  door 
or  window  it  must  be  carried  above  the  same  at  least  two  feet.  Vent 
pipes  from  fixtures  that  empty  into  hoppers  coming  through  lower 
roofs  need  not  be  carried  higher. 

Section  13.  Cast-iron  pipe  and  fittings  must  be  coated  both  inside 
and  outside  with  coal  tar  pitch,  applied  hot. 

Section  14.  All  soil  or  waste  pipes  outside  the  buildings  must 
have  all  openings  stopped  and  be  filled  with  water  for  the  purpose  of 
testing  the  same,  and  allowed  to  stand  until  inspected  and  approved 
by  the  Inspector.  All  connections  of  lead  with  cast-iron  pipes  must 
be  made  with  brass  ferrule* of  the  same  size  as  the  lead  pipe  and 
calked  into  the  iron  pipe  and  connected  to  the  lead  pipe  by  a  wiped 
joint;  provided,  that  when  what  is  known  to  the  trade  as  a  “Raymond 
ferrule”  is  used  it  need  not  be  connected  by  such  wiped  joint.  All 
connections  of  lead  pipe  must  be  wiped  joints.  When  lead  waste  pipe 
is  used  it  must  intersect  at  the  same  angle  as  given  by  “Ys,”  one- 
sixteenth,  one-sixth  or  one-eighth  bends. 

Section  15.  Every  sink,  basin,  bath  tub,  w'ater  closet,  slop  hopper 
and  each  set  of  wash  trays,  and  every  fixture  having  a  waste  pipe 
must  be  separately  and  effectively  trapped,  the  trap  to  be  placed  as 
near  the  fixture  it  serves  as  practicable.  All  traps  must  be  protected 
from  syphonage  by  special  air  pipes  of  cast-iron,  galvanized  wrought 
iron  or  lead,  to  be  in  size  not  less  than  the  traps  which  they  vent; 
provided,  that  if  lead  pipe  is  used  it  must  not  exceed  five  (5)  feet  in 
length,  and  only  used  for  branch  venting;  and  those  used  to  supply 
air  to  traps  of  one  or  more  water  closets  located  in  the  basement  or 
on  the  first  floor  of  a  building  not  less  than  two  (2)  inches  in  diameter. 

No  vent  shall  be  connected  in  such  a  manner  as  to  form  a  by-pass. 

Galvanized  tees  and  square  bends  may  be  used  in  vent  pipes,  pro¬ 
vided  that  in  all  cases  where  a  closet  is  placed  inside  a  building  or  on 
a  porch,  there  must  be  one  (1)  line  of  four  (4)  inch  pipe  extended  full 
bore  in  the  same  manner  and  to  the  same  height  as  soil  and  w’aste 
pipes  as  in  Section  L2  hereinbefore  provided. 

When  a  sink,  bath  tub,  wash  basin,  or  set  of  wash  trays  is  set 
not  more  than  five  (5)  feet  from  a  hopper  and  discharges  into  said 
hopper,  the  traps  of  said  sink  or  set  of  wash  trays  need  not  be  vented. 
Vent  pipes  must  be  run  in  the  same  manner  and  to  the  same  height 
as  soil  and  waste  pipes,  as  in  Section  12  hereinbefore  provided.  The 
air  pipes  of  two  or  more  water  closets  (when  used  as  a  back  vent) 
may  be  united  one  (1)  foot  above  the  highest  fixture,  provided  said 
air  pipes  are  not  less  than  two  (2)  inches  in  diameter. 

When  branch  venting  is  done,  the  connection  must  be  made  not 
less  than  one  (1)  foot  above  the  top  of  the  fixture  where  such  connection 
is  made. 

All  air  pipes  must  have  a  continuous  slope  to  avoid  collecting  water 
by  condensation.  When  the  trap  of  any  fixture  is  set  more  than  two 
feet  and  six  inches  from  the  vertical  line  of  the  pipe,  a  return  con- 


250 


GENERAL  MUNICIPAL  ORDINANCES 


nection  must  in  all  cases  be  provided.  Water  closets  set  in  the  yard 
and  not  within  five  (5)  feet  of  the  building  need  not  be  vented.  Slop 
hoppers  on  the  ground  used  as  intercepting  hoppers,  need  not  be  vented. 
All  safe  wastes  must  be  discharged  outside  the  building  and  not  con- 
'  nected  with  any  other -pipe. 

Section  16.  All  water  closets  within  a  building  or  on  a  porch  must 
be  supplied  from  separate  tanks  or  cisterns,  the  water  of  which  shall 
be  used  for  no  other  purpose.  A  group  of  water  closets  may  be  sup¬ 
plied  from  one  tank.  Hopper  closets,  when  used  in  yards,  shall  be 
be  supplied  by  valves  of  a  bore  not  less  than  one-half  inch  in  the  clear. 
When  water  closets  are  supplied  from  tanks,  the  down  or  flush  pipe 
must  in  no  case  be  less  than  one  and  one-fourth  inches,  inside  di¬ 
ameter.  No  rubber  connection  will  be  allowed  between  water  closet 
and  vent  pipes.  Pan  water  closet  or  what  is  known  as  “plug  water 
closets,”  are  strictly  prohibited.  When  water  closets  are  so  constructed 
that  the  trap  is  part  of  the  closet,  they  must  be  all  earthenware  or 
enameled  iron,  or  a  combination  of  these  materials.  All  water  closet 
receivers  must  be  of  either  earthenware  or  enameled  iron.  Water 
closets  or  urinals  must  not  be  placed  in  an  unventilnted  room  or  com¬ 
partment,  must  have  a  proper  opening  to  the  outer  air  or  be  venti¬ 
lated  by  means  of  an  air  shaft  or  duct.  No  wooden  sinks  or  wash 
trays  will  be  allowed  inside  of  any  residence  or  tenement  which  is  to 
be  used  as  a  dwelling. 

Section  17.  Rain  water  leaders  must  never  be  used  as  soil,  waste 
or  vent  pipes,  nor  shall  any  soil,  waste  or  vent  pipes  be  used  as  a  rain 
water  leader.  All  rain  water  leaders  or  conductors  inside  of  building 
must  be  either  galvanized  wrought  iron  or  cast  iron.  All  leaders  must 
discharge  into  open -trapped  hoppers,  or  on  the  surface  of  the  ground. 
A  slop  hopper,  set  on  an  outside  porch  and  having  a  drop  not  exceed¬ 
ing  ten  feet,  need  not  be  vented,  provided  the  waste  pipe  be  three 
inches  in  diameter,  with  two-inch  trap,  and  does  not  connect  with 
any  other  line  of  soil  or  waste  pipe;  but  if  the  drop  be  more  than  ten 
feet,  or  if  the  waste  pipe  connect  with  any  other  line  of  soil  or  waste 
pipe,  then  said  hopper  must  have  a  two-inch  vent  pipe,  and  in  that 
case  the  waste  pipe  may  be  two  inches  in  diameter.  When  two  or 
more  hoppers  are  on  the  same  line  of  pipe,  the  waste  pipe  must  be 
three  inches  in  diameter,  with  two-inch  traps,  and  the  three-inch 
pipe  must  run  to  the  above  roof  for  vent.  No  back  venting  is  needed 
on  lowe’’  hopper  traps.  Hoppers  on  ground  floor,  outside  the  building, 
need  no  vent  pipe.  AH  hoppers  must  be  trapped,  and  the  trap  placed 
as  near  the  hopper  as  practicable.  Bell  traps  will  not  be  allowed  for 
any  fixture  whatever.  All  hoppers  must  be  supplied  with  water  from 
a  suitable  fixture  or  by  a  faucet. 

Slop  hoppers  set  upon  a  wooden  floor  must  be  connected  to  waste 
pipe  with  lead  wiped  into  a  brass  ferrule,  or  Raymond  ferrule,  as  in  Sec¬ 
tion  14  as  hereinbefore  provided,  and  the  same  to  be  caulked.  Waste 
pipe  and  trap  from  outside  hopper  may  be  ironstone,  and  such  hopper 


s  ' 


OF  THE  CITY  OF  OAKLAND,  CAL.  251 

must  be  set  on  bricks,  with  cement.  All  waste  pipes  from  sleeping 
apartments  or  pass  closets  otf  sleeping  apartments,  must  dis¬ 
charge  into  open-trapped  hoppers,  outside  of  the  building,  except 
where  the  building  covers  the  entire  width  of  the  lot. 

Section  18.  No  steam  exhaust  will  be  allowed  to  connect  with  any 
drain,  soil,  vent  or  waste  pipe. 

Section  19.  All  leaders,  soil,  waste,  drain  and  vent  pipes  inside 
of  buildings,  before  being  covered,  must  have  all  openings  stopped 
and  be  filled  with  water  for  the  purpose  of  testing  the  same.  Old  or 
new  work  in  an  old  building  may  be  tested  with  peppermint.  The  test 
must  be  made  in  the  presence  of  the  Inspector,  and,  if  satisfactory, 
he  shall  issue  the  proper  certificate,  but  if  the  test  be  not  satisfactory, 
he  must  withhold  the  certificate  until  the  evil  be  remedied;  and  all 
owners  of  buildings  must  require  of  the  contractors  a  certificate  of 
good  sanitary  plumbing  and  drainage  in  all  cases  where  such  work 
is  being  done.  The  said  certificate  to  be  signed  by  the  Inspector,  pro¬ 
vided  by  law.  He  must  not  sign  and  deliver  the  same  except  as  here¬ 
inbefore  provided.  Upon  completion  of  the  plumbing  work,  the 
plumber  must  report  to  the  inspector  for  final  inspection. 

Section  20.  No  opening  shall  be  provided  in  the  sewer  pipe  of 
any  building  for  the  purpose  of  receiving  the  surface  drainage,  un¬ 
less  special  permission  is  granted  by  the  sanitary  inspector,  and  any 
opening  so  made  must  be  immediately  and  permanently  closed  when  di¬ 
rected  by  said  Inspector.  When  a  building  is  moved  from  one  site  to 
another,  the  house  drain,  when  it  lies  under  the  building,  must  be 
cast-iron  pipe,  and  be  put  in  according  to  rules  governing  the  same. 
When  a  building  is  moved,  but  not  moved  entirely  from  its  original 
site,  the  sewer  or  house  drain  under  such  building  need  not  be  changed, 
but  all  extensions  from  the  same  must  be  made  with  cast-iron  pipe. 
All  extensions  of  soil  or  waste  pipe  of  any  building  that  is  moved  or 
raised  must  be  made  with  cast-iron  or  lead  pipe.  Lead  pipe  must  be 
connected  by  wiped  joints,  and  lead  to  cast-iron  by  brass  ferruie 
wiped  into  lead.  Cast-iron  must  have  lead-calked  joints.  When  a  new 
fixture  is  put  in  an  old  building  and  the  room  where  such  fixture  is 
placed  is  to  be  used  as  a  sleeping  room,  said  fixture  must  be  properly 
trapped  and  vented.  No  fixture  must  be  put  in  any  buildings  without 
using  cast-iron  or  lead  pipe  , (waste  pipe),  and  be  properly  trapped. 

When  a  fixture  is  placed  under  a  sidewalk  of  any  building,  the 
vent  pipe  from  the  same  may  connect  with  the  fresh  air  inlet  of  the- 
house  drain  trap  or  run  up  through  the  sidewalk  near  the  curb,  pro¬ 
vided  waste  pipes  from  such  fixtures  must  connect  to  house  drain  of 
building. 

Section  21.  No  soil,  waste,  leader  or  vent  pipe  of  any  kind  shall 
be  built  into  brick,  stone  or  concrete  walls;  where  necessary  to  con¬ 
ceal  pipes  of  this  class  they  must  be  run  in  suitable  reveals  or  re¬ 
cesses. 


252 


GENERAL  MUNICIPAL  ORDINANCES 


Section  22.  When  a  building  has  been  inspected  and  the  plumb¬ 
ing  work  condemned  by  the  Sanitary  Inspector  as  being  in  an  un¬ 
sanitary  condition,  notice  shall  be  given  in  writing  to  that  effect,  in¬ 
forming  the  agent  or  owner  of  the  said  building  what  character  of 
repairs  or  improvements  are  to  be  made,  and  that  if  there  are  any 
objections  to  the  repairs  or  improvements  ordered  they  must  be  filed 
in  the  Health  Office  within  a  period  of  five  (5)  days,  and  if  objections 
are  not  so  filed  the  alterations  or  improvements  must  be  made  as 
directed.  If  objections  are  so  made  the  agent  or  owner  shall  be  heard 
by  the  Health  Officer  and  his  decision  shall  be  final  and  conclusive 
as  to  the  repairs  or  alterations  to  be  made;  provided,  if  any  questions 
are  involved  which  require  consideration  and  action  of  the  Board  of 
Health,  in  the  judgment  of  the  Health  Officer,  the  same  shall  be  sub¬ 
mitted  to  the  Board  of  Health  for  determination. 

Section  23.  All  connections  of  soil  pipes  or  waste  pipes  with  iron¬ 
stone  sewer  must  be  made  below  the  surface  of  the  ground.  When¬ 
ever  the  Sanitary  Inspector  is  required  to  inspect  any  plumbing  or 
sewerage,  he  shall  be  given  twenty-four  (24)  hours’  notice  thereof. 

Section  24.  All  plans  and  descriptions  of  plumbing  and  drainage 
must  be  made  upon  blanks  furnished  by  the  Health  Department. . 

Section  25.  All  plumbing  and  drainage  work  in  the  City  of  Oak¬ 
land  shall  be  done  in  accordance  with  this  ordinance,  and  no  person 
shall  do  any  plumbing  or  drainage  work  in  said  city  except  in  accord¬ 
ance  with  this  ordinance. 

Section  26.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by 
a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  such  fine  be  not 
paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every  two 
dollars  of  the  fine  so  imposed. 

Section  27.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  28.  This  ordinance  shall  take  effect  immediately. 

(Approved  Sept.  24,  1901.  Vol.  5,  p.  586.) 


ORDINANCE  No.  1647. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  INSPECTOR  OF 
MARKETS,  MEAT  AND  MILK  AND  VETERINARY  SURGEON 
FOR  THE  CITY  OF  OAKLAND,  DEFINING  THE  DUTIES  AND 
FIXING  THE  SALARY  OF  THE  INCUMBENT  THEREOF. 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows; 


OF  THE  CITY  OF  OAKLAND,  CAL. 


253- 


Section  1.  The  office  of  Inspector  of  Markets,  Meat  and  Milk  and 
Veterinary  Surgeon  is  hereby  created,  and  the  compensation  of  tne 
appointee  to  said  office  is  hereby  fixed  at  the  sum  of  $1200.00,  to  he 
paid  in  twelve  equal  monthly  installments. 

Section  2.  The  duties  of  the  Inspector  of  Markets,  Meat  and 
Milk  and  Veterinary  Surgeon  are  hereby  declared  to  be  as  follows: 
He  shall  take  care  of  all  sick  horses  belonging  to  the  city  depart¬ 
ments,  and  shall  examine  any  horse  or  horses  the  Board  of  Public 
Works  may  direct  him  to  inspect,  and  report  to  the  Board  of  Health 
all  cases  of  suspected  contagious  disease  among  animals;  shall  vigil¬ 
antly  inspect  the  meat,  poultry  game,  fish,  vegetable  and  fruit  markets 
of  this  city,  and  shall  examine  all  articles  therein  exposed  for  sale. 
If  any  of  the  said  articles  so  exposed  are  in  any  way  unfit  for  human 
consumption,  he  shall  seize  and  forthwith  remove  the  same  at  the 
expense  of  the  owner  in  such  manner,  under  the  direction  of  the 
Health  Department,  as  will  be  for  the  public  interest  and  safety.  He 
shall  have  general  supervision  of  all  dairies  within  the  city  limits, 
and  shall  inspect  and  examine  all  milk  brought  into  the  city  or  ex¬ 
posed  or  offered  for  sale  therein.  And  if  said  milk  is  in  any  way 
unfit  for  human  consumption  or  adulterated  with  water  or  any  other 
fluid  or  substance,  he  shall  seize  the  same  and  cause  it  to  be  de¬ 
stroyed  in  such  manner  and  in  such  a  way  as  to  him  may  seem  best 
for  the  public  interest  or  safety,  under  the  direction  of  the  Board  of 
Health,  and  perform  such  other  duties  as  the  Board  of  Health  may 
direct. 

Section  3.  No  person  excepting  a  legally  qualified  veterinary  sur¬ 
geon  shall  be  eligible  to  be  appointed  to,  or  occupy  the  office  hereby 
created,  and  appointments  to  said  office  shall  be  made  by  the  Board 
of  Health.  The  appointee  to  hold  office  during  the  pleasure  of  the 
Board. 

Section  4.  In  case  any  article  or  articles  as  provided  for  in  this 
ordinance  shall  be  condemned  and  destroyed  by  the  Inspector  of  Mar¬ 
kets,  Meat  and  Milk,  such  destruction  shall  be  at  the  cost  and  ex¬ 
pense  of  any  person  or  persons  offering  the  same  for  sale. 

Section  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance,  or  who  shall  resist  or  obstruct  or  evade  the  Market  In¬ 
spector  in  the  legal  exercise  of  his  duty,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  greater  than  two  hundred  and  fifty  ($250.00)  dollars,  and  in 
case  such  fine  so  imposed  be  not  paid,  then  by  imprisonment  at  the 
rate  of  one  day  for  every  two  dollars  of  said  fine  remaining  unpaid. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  Dec.  13,  1894.  Vol.  4,  p.  633.) 


254  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  No.  1735. 


AN  ORDINANCE  REGULATING  THE  STORAGE  OF  PICKLES  AND 

MATERIALS  THEREFOR  IN  THE  CITY  OF  OAKLAND1. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm,  association  or  corporation  shall  store 
within  the  limits  of  any  one  block  in  the  City  of  Oakland,  over 
one  thousand  gallons  of  pickles  or  vegetable  products  in  course  of 
preparation  therefor,  unless  the  same  be  kept  in  water  tight  casks, 
tanks,  bottles,  or  jars  securely  closed,  excepting  in  that  portion  of  the 
city  bounded  on  the  north  and  east  by  First  and  West  First  streets, 
Lewis  street,  West  Third  street  and  the  northerly  line  of  lands  of  the 
Central  Pacific  Railroad  Company,  and  the  westerly  prolongation  of  the 
same. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  $500,  and  in  case  the  said  fine 

4 

be  not  paid,  then  the  person  so  fined  may  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so.  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  March  2,  1996.  Vol.  5,  p.  37.) 


ORDINANCE  No.  1736. 


AN  ORDINANCE  REGULATING  THE  MANUFACTURE  OF  PICKLES 

IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  L  No  person  shall  engage  in  the  business,  or  assist  in 
the  business  of  manufacturing  pickles  in  the  City  of  Oakland,  ex¬ 
cept  in  that  portion  of  the  city  bounded  on  the  north  by  Third  and 
West  Third  street  and  the  northerly  line  of  the  lands  of  the  Central 
Pacific  Railroad  Company  and  the  westerly  prolongation  of  the  same. 

(As  amended  July  7,  1900.  Vol.  5,  p.  476.) 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  $500,  and  in  case  the  said  fine 
be  not  paid,  then  the  person  so  fined  may  be  imprisoned  in  the  City 


OF  THE  CITY  OF  OAKLAND,  CAL. 


255 


Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  March  2,  1896.  Vol.  5,  p.  38.) 


ORDINANCE  No.  1802. 


AN  ORDINANCE  CONCERNING  THE  SEPARATION  OF  ASHES 
AND  CINDERS  FROM  SWILL,  GARBAGE,  FILTH,  OFFAL  OF 
ANY  KIND,  MANURE,  RUBBISH,  OR  ANY  OFFENSIVE  OR 
ILL-SMELLING  MATTER,  OR  ANY  ADMIXTURE  OF  SWILL, 
GARBAGE,  FILTH,  OFFAL  OF  ANY  KIND,  OR  ANY  OFFEN¬ 
SIVE  OR  ILL- SMELLING  MATTER,  IN  THE  CITY  OF  OAK¬ 
LAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person,  owner, 
agent  or  occupant  of  any  house,  tenement,  building  or  place  of  busi¬ 
ness,  Within  the  City  of  Oakland,  to  cause  or  permit  any  ashes  or 
cinders  that  may  accumulate  on  said  premises,  to  be  or  become  mixed 
with  any  swill,  garbage,  filth,  offal  of  any  kind,  manure,  rubbish  or 
any  offensive  or  ill -smelling  matter,  or  any  admixture  of  swill,  garb¬ 
age,  filth,  offal  of  any  kind,  or  any  offensive  or  ill- smelling  matter, 
but  said  ashes  or  cinders  shall  be  deposited  and  kept  until  removed 
in  a  separate  receptacle  from  that  in  which  swill,  garbage,  filth,  offal 
of  any  kind,  manure,  rubbish  or  any  offensive  or  ill- smelling  matter, 
or  any  admixture  of  swill,  garbage,  filth,  offal  of  any  kind,  or  any 
offensive  or  ill -smelling  matter  is  kept  or  deposited. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a.  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  ($100.00)  dollars,  and  in  case  such  fine  be  not  paid,  then  the  person 
so  fined  may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dol¬ 
lars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  May  17,  1897.  Vol.  5,  p.  134.) 


256 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  2175. 


AN  ORDINANCE  REGULATING  THE  COLLECTING,  GATHERING, 
REMOVING  AND  DISPOSING  OF  GARBAGE,  OFFENSIVE  SUB- 
STANCES,  REFUSE  MATTER  AND  MATERIALS  AND  ASHES, 
AND  THE  DETRUCTION  AND  INCINERATION  OF  GARBAGE, 
OFFENSIVE  SUBSTANCES,  MATTER  AND  MATERIAL,  CRE¬ 
ATED  AND  PRODUCED  IN  THE  CITY  OF  OAKLAND;  FIXING 
AND  IMPOSING  THE  RATE  TO  BE  PAID  BY  EACH  TENANT, 
OCCUPANT  AND  LESSEE  OF  ALL  BUILDINGS,  STORES, 
SHOPS,  DWELLINGS  AND  RESIDENCES  WITHIN  SAID  CITY 
FOR  THE  COLLECTION,  GATHERING,  INCINERATION  OF 
THE  SAME  PRODUCED  OR  CREATED  BY  SUCH  TENANT, 
OCCUPANT  OR  LESSEE;  AND  FOR  THE  PURCHASE  OF  A 
GARBAGE  PLANT,  CREMATORY,  LAND,  MACHINERY,  BUILD¬ 
INGS  AND  PERSONAL  PROPERTY  FOR  THE  DESTRUCTION, 
INCINERATION,  GATHERING  AND  COLLECTING  OF  THE 
SAME;  DEFINING  AND  PROVIDING  THE  TERMS  AND  CON¬ 
DITIONS  OF  SUCH  PURCHASE;  AND  CONCERNING  THE 
MANAGEMENT,  OPERATION  AND  CONDUCT  OF  SUCH  GARB¬ 
AGE  PLANT,  CREMATORY,  LAND,  MACHINERY,  BUILDINGS 
AND  PERSONAL  PROPERTY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  For  the  purpose  of  this  ordinance  the  word  “garbage” 
shall  be  held  to  include  and  mean  kitchen  and  table  refuse  and  offal, 
swill,  and  also  every  accumulation  of  animal,  vegetable  and  other 
matter  that  attends  the  preparation,  consumption,  decay  or  dealing 
in  or  storage  of  meats,  fish,  fowls,  birds,  fruits  or  vegetable  (saving 
and  excepting  that  dead  animals  and  offal  of  slaughter  houses  are 
not  included  within  the  meaning  of  said  word  “garbage”  as  herein 
defined.) 

The  term  “waste  matter”  shall  include  and  be  held  to  mean 
crockery,  bottles,  broken  brick,  tin  vessels,  trimmings  from  lawns  and 
flower  gardens,  pasteboard  boxes,  berry  boxes,  paper,  straw,  sawdust, 
packing  material,  shavings,  boxes,  natural  soil,  street  sweepings,  earth 
and  stone,  and  all  non-combustible  waste  matter.  The  term  “Ashes” 
shall  be  held  to  include  and  mean  the  residue  of  materials  burned.  The 
term  “night  soil”  shall  include  and  mean  the  contents  of  privy  valuts, 
cess  pools,  dry  wells  and  sinks. 

Section  2.  All  garbage  and  night  soil  collected  in  said  city  shall 
be  consumed  and  incinerated  to  an  oderless  ash  in  the  Garbage  Fur- 


I 


OF  THE  CITY  OF  OAKLAND,  CAL.  257 

nace  of  the  City  Garbage  Crematory  purchased  by  said  city,  or  shall 
be  consumed  and  created  to  an  odorless  ash  in  any  crematory  here¬ 
after  legally  established  in  said  city;  provided,  however,  that  all  waste 
matter  and  ashes  shall  be  kept  separate  from  the  receptacles  used 
for  garbage.  No  garbage  or  waste  matter  shall  be  burned  upon  any 
street,  alley,  park,  waterway  highway  or  public  place,  or  upon  any 
premises,  in  the  open  air  within  the  corporate  limits  of  said  city. 

Section  3.  It  shall  be  unlawful  for  any  person  or  persons,  to  throw 
or  deposit,  or  cause  to  be  thrown,  or  deposited,  or  placed,  or  to  permit 
the  throwing,  depositing  or  placing  of  any  garbage,  night  soil  or  waste 
matter,  manure,  brick  and  plaster  (except  when  said  brick  and  plaster 
are  to  be  used  in  building  operations  or  in  connection  with  building  per¬ 
mits)  of  any  filth,  or  filthy  matter  upon  any  street,  lane,  alley,  gutter,, 
public  place,  waterway  or  stream  within  the  corporate  limits  of  said 
city. 

Section  4.  It  shall  be  the  duty  of  every  tenant,  lessess  or  occupant 
of  any  private  dwelling  house  in  said  city  to  provide  within  such 
dwelling  house  or  building,  or  on  the  lot  or  premises,  upon  which  such, 
building  or  dwelling  house  is  situated,  a  suitable  place  for  a  garbage 
receptacle  for  receiving  and  holding  all  the  garbage  produced,  cre¬ 
ated  or  accumulated  upon  such  premises  between  the  times  for  the 
collection  of  garbage  as  hereinafter  provided;  and  all  such  receptacles 
shall  be  at  all  times  located  in  such  places  as  to  be  readily  accessible 
for  removing  or  emptying  the  same;  but  shall  not  be  placed  within 
the  limits  of  any  street,  in  said  city,  or  anywhere  so  as  to  constitute 
a  nuisance. 

Section  5.  It  shall  be  the  duty  of  each  such  tenant,  occupant  or 
lessee  to  place  in  such  receptacle,  furnished  by  the  city,  or  other 
legally  established  garbage  crematory,  all  garbage  created,  produced  or 
accumulated  upon  the  respective  premises  occupied  by  them  between 
the  times  established  in  this  ordinance  for  the  removal  of  the  same. 
Nothing  but  garbage  as  defined  in  this  ordinance  shall  be  placed  in 
such  receptacle. 

Section  6.  All  garbage  accumulated  at  any  private  dwelling  house 
or  residence  shall  be  removed  by  the  City  Garbage  Crematory  or  such 
ether  crematory  as  may  be  hereafter  legally  established,  at  regular  in¬ 
tervals  of  once  a  week  or  oftener  if  necessary,  and  must  be  taken  to- 
the  City  Garbage  Crematory,  or  such  other  crematory  as  may  be 
hereafter  legally  established  in  said  city,  and  must  be  con¬ 
sumed  and  incinerated  therein  to  an  odorless  ash,  and  such 
crematory  shall  likewise  remove  all  ashes  and  waste  matter.  For 
such  services  the  occupant,  tenant  or  lessee  of  each  house  or  flat  shall 
pay  to  the  authorized  agent  or  collector  of  the  city  or  other  garbage 
crematory  the  sum  of  35  cents  per  month  for  each  ten -gallon  garbage- 
can  removed  once  a  week  or  less  per  month;  and  for  such  can  re¬ 
moved  additional  to  a  removal  of  once  a  week  iy2  cents  per  can.  The 
removal  of  all  ashes  and  waste  matter  shall  be  optional  with  the 
tenant,  lessee  or  occupant  of  every  residence  house  or  flat,  and  must, 


GENERAL  MUNICIPAL  ORDINANCES 


258 


when  required,  be  removed  free  of  charge,  provided  such  ashes  and 
waste  matter  amount  to  twenty  gallons  or  less  per  week,  for  any  person 
paying  for  the  removal  of  garbage  from  the  same  premises,  and  $1 
per  cubic  yard  for  any  excess  above  twenty  gallons  per  week.  Any 
person  having  ashes  or  waste  matter  removed  from  a  residence  house 
or  flat  from  which  said  crematory  does  not  remove  garbage,  shall  pay 
35  cents  per  month  for  having  the  same  removed  weekly  and  amount¬ 
ing  to  twenty  gallons  or  less  weekly;  and  if  more  shall  pay  $1  per 
cubic  yard  for  such  waste  matter  or  ashes  removed. 

Further  provided,  however,  that  any  person  producing  garbage 
may  make  a  contract  for  the  rempyal  of  such  garbage  to  beyond 
the  city  limits  for  remuneration  for  such  garbage,  but  such  person 
must  first  obtain  a  permit  from  the  Board  of  Health  of  the  City  of 
Oakland  that  the  person  so  removing  garbage  is  properly  equiped 
so  to  do  in  a  sanitary  manner,  and  that  such  removal  is  not  contrary 
to  the  best  health  and  sanitary  condition  of  the  city;  and  that  the 
person  so  having  the  same  removed  is  receiving  remuneration  therefor; 
and  such  removal  must  comply  with  all  the  provisions  of  this  ordi¬ 
nance  for  the  segregation,  removal  and  transportation  of  garbage. 

(Amendment  approved  Jan.  6,  1903.  Vol.  6,  p.  32.) 

Section  7.  All  accumulations  of  garbage  originating  at  any  store, 
shop,  business  house,  boarding  house,  meat,  vegetable  or  fish  stand 
or  other  place  not  a  private  residence  shall  be  removed  and  burned  in 
the  garbage  furnace  of  the  City  Garbage  Crematory  or  other  garbage 
crematory  legally  established,  to  an  odorless  ash,  and  such  crema¬ 
tory  shall  also  remove  all  ashes.  All  such  garbage  accumu¬ 
lations  shall  be  kept  upon  such  premises  in  receptacles  furnished 
by  the  City  Garbage  Crematory  or  other  legally  established  crematory 
as  provided  in  section  4  and  5  of  this  ordinance;  for  such  service  each 
keeper  of  such  a  business  house,  meat,  vegetable  or  fish  stand,  or  place 
other  than  a  private  residence,  and  all  apartment  houses  containing 
more  than  ten  families,  provided  all  the  garbage  in  any  such  apart¬ 
ment  house  is  placed  in  one  receptacle,  shall  pay  to  the  authorized 
agent  or  collector  of  the  city  or  other  garbage  crematory  the  sum 
of  eighty- five  cents  per  cubic  yard  for  such  garbage  and  ashes;  and 
such  crematory  shall  also  remove  all  waste  matter,  and  shall  be  en¬ 
titled  to  receive  therefor  the  sum  of  $1.25  per  cubic  yard.  The  re¬ 
moval  of  all  ashes  and  waste  matter  by  such  garbage  crematory  shall 
be  optional  with  the  person  or  municipal  corporation  producing  the 
same. 

Section  8.  No  straw  or  manure  from  any  premises  shall  be  per¬ 
mitted  by  any  person  having  charge  or  controlling  such  premises  to 
accumulate  or  to  be  deposited  on  any  street,  or  public  grounds  within 
said  city,  except  as  herein  provided.  No  manure  box  shall  be  placed 
in  any  street.  Boxes  for  holding  manure  shall  be  provided  by  each 
lessee,  tenant  or  occupant  of  a  stable,  and  such  boxes  shall  be  pro¬ 
vided  with  lids,  and  said  boxes  shall  be  kept  closed,  except  when  the 
manure  is  being  placed  therein  or  taken  therefrom,  and  in  no  in- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


259 


stance  shall  manure  be  placed  in  or  upon  said  box  so  as  to  prevent  the 
closing  of  the  lid.  All  manure  not  utilized  for  the  fertilizing  of  gardens 
or  lawns  within  the  city,  shall  be  disposed  of  by  the  owner  or  occupant 
of  the  premises  wherein  such  materials  have  accumulated,  either  by 
conveying  or  causing  the  same  to  be  conveyed  beyond  the  city  limits 
or  other  place  as  directed  by  the  Board  of  Health.  Such  manure  in 
being  hauled  shall  be  hauled  in  such  manner  as  to  prevent  any  part 
of  it  from  being  dropped  or  spilled  upon  such  street. 

Section  9.  No  night  soil  shall  be  removed  by  any  person  without 
first  procuring  a  written  permit  therefor  from  the  Board  of  Health. 
Such  permit  shall  be  exhibited  on  demand  of  any  police  officer,  or 
of  any  person  from  whom  such  person  having  such  permit  shall  be 
doing,  or  shall  offer  to  do,  such  work.  Such  person  holding  such 
permit  and  intending  to  convey  night  soil  to  the  garbage  furnace  for 
its  destruction,  shall  notify  the  person  in  charge  of  such  furnace  at 
least  twenty-four  hours  before  such  delivery,  of  such  intention,  and 
all  such  work  shall  be  done  on  Saturday  night.  The  fee  for  the  de¬ 
struction  of  night  soil  by  the  City  Garbage  Crematory  or  other  cre¬ 
matory  legally  established  shall  be  $1.50  per  cubic  yard. 

Section  10.  Each  person  holding  such  permit  shall  furnish  suitable 
wagons  or  carts,  and  barrels  for  the  removal  of  night  soil,  and  such 
persons  shall  have  water-tight,  air-tight  vessels,  in  which  night  soil 
shall  be  tightly  sealed  when  hauled  through  the  streets  of  said  city. 
Such  vessels  and  all  other  apparatus  used  for  the  purposes  herein 
mentioned  shall  be  kept  clean  and  disinfected  to  the  satisfaction  of  the 
Board  of  Health. 

Section  11.  All  night  soil  shall  be  thoroughly  deodorized  before 
being  stirred  up  or  removed.  Every  vault  from  which  night  soil  is 
removed  shall  be  thoroughly  cleaned  and  deodorized  by  the  collectors. 

Section  12.  The  Board  of  Health  shall  issue  such  permits  upon 
application.  Such  permit  shall  contain  the  name  of  the  person  from 
whose  premises  or  building  the  night  soil  is  to  be  removed,  and  the 
name  of  the  street  and  the  number  of  the  house  or  building,  and  shall 
be  shown  to  the  keeper,  attendant  or  person  having  charge  of  the 
garbage  furnace  in  this  ordinance  mentioned  by  the  collector  upon 
taking  the  night  soil  there. 

Section  13.  AH  garbage  furnaces  and  works  shall  be  kept  in  a 
sanitary  condition,  and  shall  at  all  times  be  under  the  inspection  of 
the  Board  of  Health. 

Section  14.  The  Board  of  Health  shall  have  the  power  to  estab¬ 
lish  rules  and  regulations  governing  the  collection  and  disposal  of 
garbage  of  said  city,  not  inconsistent  with  the  provisions  of  this  ordi¬ 
nance 

Section  15.  The  City  of  Oakland  shall  have  the  exclusive  right  to 
gather  and  collect  garbage  within  said  city,  and  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  collect  or  gather  garbage  within 
•said  city  except  the  duly  authorized  agents,  servants  or  employes  of 


/ 


260  general  municipal  ordinances 


said  city  or  Garbage  Crematory.  Any  person  or  persons  violating  any 
provisions  of  this  section  shall,  upon  conviction,  be  subject  to  a  fine  of 
not  less  than  $10  nor  more  than  $100,  or  in  default  of  the  payment  of 
said  fine  shall  be  imprisoned  in  the  City  Prison  at  the  rate  of  one  day 
for  every  two  dollars  of  the  said  fine  so  remaining  unpaid. 

Section  16.  All  garbage  shall  be  removed  or  carried  through  said 
city  on  carts  or  wagons  in  water  tight  covered  cans,  or  in  covered 
wagons,  so  that  the  contents  thereof  shall  not  be  offensive,  and  shall 
be  so  loaded  and  drawn  that  none  of  their  contents  shall  fall  or  spill 
therefrom;  and  every  such  cart  or  wagon  shall  be  kept  clean,  well 
painted  on  the  outside  and  shall  be  marked  with  the  words  “City 
Garbage;”  and  the  carts  and  wagons  shall  be  numbered  in  numerical 
order,  with  the  number  of  each  painted  on  the  outside  thereof  so  as 
to  be  plainly  seen.  Each  driver  of  such  cart  or  wagon  and  all  assist¬ 
ants  employed  in  connection  therewith  shall  wear  a  distinctive  uniform 
and  badge  with  the  words  “Garbage  Collector”  thereon. 

Section  17.  The  said  garbage  collectors  shall  call  regularly  as  pro¬ 
vided  in  this  ordinance  at  all  dwellings,  residences,  restaurants,  shops, 
stores,  boarding  houses,  hotels,  business  houses  and  any  other  place 
where  garbage  is  produced  or  created  in  said  city,  and  remove  there¬ 
from  as  promptly  as  possible  all  the  garbage  placed  in  the  garbage  can 
or  receptacle  thereon  and  leave  a  boiled-out,  clean  and  empty  can 
or  receptacle  in  place  of  the  one  upon  the  premises  from  which  the 
same  was  taken. 

Section  18.  The  said  garbage  shall  be  removed  in  such  manner 
as  not  to  be  needlessly  offensive  or  filthy  in  relation  to  any  person, 
place,  building  or  premises  or  highway.  The  garbage  shall  be  re¬ 
moved  to  the  City  Crematory  or  other  legally  established  crematory 
in  said  city  twice  a  week  from  the  stores,  shops,  hotels,  buildings  and 
places  in  the  business  portion  of  said  city,  and  places  other  than  resi¬ 
dences,  or  as  often  as  may  be  necessary  for  the  maintaining  of  proper 
sanitary  conditions  in  said  city. 

Section  19.  All  garbage  (save  and  excepting  dead  animals  and 
slaughter  house  offal)  created  or  produced  in  said  city  shall  be  cre¬ 
mated  to  an  odorless  ash. 

Section  20.  In  all  cases  of  complaints  or  disputes  arising  as  to 
or  concerning  the  place  where  the  receptacle  containing  garbage  shall 
be  put  awaiting  removal  by  the  collectors,  the  Health  Officer  or  San- 
itarv  Inspector  shall  forthwith  designate  the  place,  and  the  decision 
of  either  shall  be  final. 

Section  21.  That  this  city  do  and  hereby  does  purchase  from  the 
Pacific  Incinerating  Company,  a  corporation  organized  under  the  laws 
of  the  Territory  of  Arizona,  that  certain  Dixon  Steel  Shell  Crematory 
with  patent  stench  consumer  of  the  capacity  of  fifty  tons  per  day,  with 
brick  stack  and  brick  or  galvanized  iron  building  over  the  crematory, 
stable,  one  boiler,  site  for  crematory,  horses,  wragons,  cans  and  entire 
necessary  equipment  of  such  crematory,  and  upon  terms  and  conditions 


OP  THE  CITY  OF  OAKLAND,  CAL.  261 

stated  and  set  forth  and  made  a  part  hereof,  which  said  contract  is 
hereby  entered  into  on  behalf  of  said  city  with  the  said  corporation 
and  shall  be  and  is  in  the  words  and  figures  following,  to-wit: 

This  indenture  made  and  entered  into  by  and  between  the  Pacific 
Incinerating  Company,  a  corporation  organized  and  existing  under 
the  laws  of  the  Territory  of  Arizona,  the  party  of  the  first  part,  and 
the  City  of  Oakland,  a  municipal  corporation  of  the  State  of  Cali¬ 
fornia,  the  party  of  the  second  part,  by  which  indenture  the  parties 
do  hereby  contract  and  agree  as  follows,  to-wit:  The  said  party  of 
the  first  part  does  hereby  sell  unto  the  party  of  the  second  part,  that 
certain  Dixon  Steel  Shell  Crematory  with  patent  stench  consumer  of 
the  capacity  of  fifty  tons  per  day,  with  brick  stack,  brick  or  galvanized 
iron  'building  over  said  crematory  and  stable,  site  and  entire  necessary 
equipment  of  such  crematory,  and  said  party  of  the  first  part  does 
agree  to  erect,  construct,  furnish  and  fully  equip  and  complete  the 
same  within  90  days  from  the  execution  of  this  contract  at  its  own 
expense;  and  the  said  party  of  the  first  part,  during  the  life  of  this 
contract  and  in  accordance  with  the  terms  and  conditions  of  and  at 
the  prices  fixed  in  the  ordinance  which  is  a  part  hereof,  and  at  its  own 
exnense  agrees  to  gather,  collect  and  incinerate  in  the  said  crematory 
to  an  odorless  ash  all  of  the  garbage  produced  or  created  in  said  city, 
and  agrees  likewise  to  collect  and  remove  in  accordance  with  the  terms 
and  conditions  of  and  at  the  prices  fixed  in  this  ordinance  which  is 
a  part  hereof,  all  the  ashes,  night  soil  and  waste  matter  created  and 
produced  in  said  city,  for  the  sum  of  $35,000  which  said  sum  is  to  be 
paid,  and  the  party  of  the  second  part  agrees  to  pay  said  party  of  the 
first  part  as  follows,  to-wit:  The  said  party  of  the  first  part,  during 
the  life  of  this  contract,  shall  retain  the  possession  of  the  said  Garbage 
Crematory  and  equipment  thereof,  and  shall  manage  and  control  the 
same,  and  shall  keep  the  same  in  full  operation,  and  shall  collect  all 
money  payable  for  the  collection,  removing  and  incinerating  of  all 
garbage,  and  for  the  collection  and  removal  of  all  night  soil,  waste 
matter  and  ashes  produced  in  said  city,  according  to  the  rates  in  this 
ordinance  provided,  and  for  each  year  the  party  of  the  first  part  con¬ 
trols  and  manages  and  has  possession  of  said  Garbage  Crematory 
and  does  collect  and  retain  the  revenue  earned  thereby,  said  party  of 
the  first  part  shall  allow  and  credit  the  said  party  of  the  second  part 
with  the  sum  of  $1,750  until  the  said  sum  of  $35,000  is  fully  paid,  at 
which  time  this  contract  shall  be  fully  terminated  and  ended,  and  the 
possession  of  said  cremator  and  equipment!  thereof  shall  be  delivered 
to  the  said  city  free  and  clear  of  any  incumbrance  or  claim.  At  the 
conclusion  of  said  time  the  said  crematory  shall  be  in  perfect  running 
order  and  shall  be  fully  equipped.  And  said  party  of  the  first  part  dur¬ 
ing  the  time  it  shall  have  possession  of  the  said  crematory  agrees  to 
remove  all  garbage,  ashes  and  waste  matter  from  the  schools  and 
public  buildings  of  the  party  of  the  second  part  free  of  charge. 

This  ordinance  shall  not  be  amended  or  repealed  without  the  con¬ 
sent  of  the  parties  of  the  first  part.  At  any  time  after  ten  years  sub- 


262 


GENERAL  MUNICIPAL  ORDINANCES 


sequent  to  the  passage  of  this  ordinance  the  said  city  shall  have  the 
right  and  privilege  to  take  the  possession  of  said  property  and  end  and 
terminate  this  contract  by  paying  to  said  parties  of  the  first  part  the 
proportion  of  the  purchase  price  remaining  unpaid. 

(Amendment  approved  Jan.  6,  1903.  Vol.  6,  p.  32.) 

Section  22.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be 
subject  to  a  fine  unless  otherwise  herein  specified,  of  not  less  than 
$5  nor  more  than  $50,  or  in  default  of  the  payment  of  the  same  shall 
be  imprisoned  in  the  City  Prison  one  day  for  every  two  dollars  of  the 
fine  so  imposed  and  remaining  unpaid. 

Section  23.  The  Mayor  of  the  city  is  hereby  authorized  and  em¬ 
powered  on  behalf  of  the  city,  to  sign  and  deliver  the  foregoing  con¬ 
tract  as  amended. 

(Amendment  approved  Jan.  6,  1903.  Vol.  6,  p.  32.) 


ORDINANCE  No.  2153. 


AN  ORDINANCE  REGULATING  THE  GATHERING  AND  DISPOSAL 

OF  GARBAGE,  WASTE  AND  OFFENSIVE  SUBSTANCES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  dump  or  place  on  any  lot,  land  or  street, 
or  in  any  water  or  waterway,  within  the  limits  of  the  City  of  Oak¬ 
land,  except  such  place  or  places  as  may  be  designated  by  the  Health 
Officer  of  the  said  City  of  Oakland  and  under  and  in  accordance  with 
and  subject!  to  the  regulations  of  the  Board  of  Health  of  said  City  of 
Oakland,  any  house  refuse,  butchers’  offal,  garbage,  refuse,  filth,  sludge, 
bones  or  other  like  matter,  nor  putrid  vegetable  matter,  nor  any 
matter  or  substance  condemned  by  the  Board  of  Health,  nor  any 
other  deleterious  or  offensive  substances. 

Section  2.  No  person  engaged  in  the  business  of  gathering  or 
disposing  of  garbage  shall  retain  within  the  said  city  limits  any  of 
the  substances  enumerated  in  Section  1  thereof,  or  any  other  offensive  or 
deleterious  matter,  in  any  vehicle,  car,  boat,  or  other  means  of  con¬ 
veyance  or  receptacle  for  holding  or  removing  the  same,  for  a  longer 
period  than  thirty-six  (36)  hours,  and  all  such  means  of  conveyance 
or  receptacle  so  used  shall  be  so  enclosed  as  to  conceal  the  contents 
from  public  view,  and  prevent  the  leakage  of  said  materials,  and  the 
escape  of  offensive  odors  therefrom. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  to  exceed  one  hundred. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


263 


dollars  ($100),  and  in  case  said  fine  be  not  paid,  then  the  person  so 
fined  shall  be  imprisoned  in  the  City  Prison  at  the  rate  of  one  (1)  day 
for  each  two  dollars  ($2)  of  the  fine  so  imposed  and  remaining-  unpaid. 

Section  4.  This  ordinance  shall  take  effect  immediately,  and  all 
ordinances  and  parts  of  ordinances  in  conflict  with  this  ordinance  are 
hereby  repealed. 

(Approved  Sept.  10,  1902.  Vol.  5,  p.  696.) 


ORDINANCE  No.  1806. 


AN  ORDINANCE  REQUIRING  THE  DISINFECTION  AND  FUMI¬ 
GATION  OF  RESIDENCES  AND  OTHER  PLACES  WHERE 

CONTAGIOUS  DISEASES  HAVE  EXISTED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whenever  any  case  of  smallpox,  diphtheria,  scarletina, 
Asiatic  cholera,  tuberculosis  or  other  contagious  disease  has  existed 
in  any  building  or  other  place  within  the  City  of  Oakland,  it  shall  be 
the  duty  of  the  householder  or  proprietor  of  such  place,  or,  if  such 
place  has  ceased  to  be  occupied,  then  of  the  owner  thereof,  to  im¬ 
mediately  and  thoroughly  fumigate  and  disinfect  such  premises  in  the 
manner  and  to  such  extent  as  the  Health  Department  may  direct.  Tne 
fumigation  and  disinfection  to  be  done  at  the  expense  of  the  citiy. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dol¬ 
lars,  and  in  case  such  fine  be  not  paid,  then  the  person  so  fined  shall 
be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  im¬ 
mediately  upon  its  approval. 

(Approved  May  2,  1897.  Vol.  5,  P.  139.) 


ORDINANCE  No.  1844. 


AN  ORDINANCE  PROHIBITING  THE  BUSINESS  OF  GATHERING 
AND  DISPOSING  OF  WASTE  OR  OFFENSIVE  MATTER  BY 
ANY  PERSON,  FIRM  OR  CORPORATION  NOT  EXPRESSLY 
AUTHORIZED  SO  TO  DO. 


264 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  not  expressly  author¬ 
ized  by  ordinance  so  to  do  shall  make  a  business  of  gathering1  or  dis¬ 
posing  of  any  house  refuse,  butchers’  offal,  garbage,  refuse,  dirt, 
ashes,  cinders,  sludge,  crockery,  bones,  dead  animals,  putrid  vegetable 
matter,  or  any  putrid  or  offensive  matter  of  any  character  or  kind 
whatever,  within  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
($100.00)  dollars,  and  in  case  said  fine  be  not  paid,  shall  be  imprisoned 
at  the  rate  of  one  (1)  day  for  each  two  ($2.00)  dollars  of  the  fine  so 
imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  Nov.  4,  1897.  Vol.  5,  p.  195.) 


ORDINANCE  No.  1848. 


AN  ORDINANCE  REGULATING  PLUMBING  AND  DRAINAGE  IN 

BUILDINGS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  house  or  building  hereafter  erected,  and  every 
addition  to  any  house  or  building  erected  within  the  City  of  Oakland, 
must  have  the  house  drain  constructed  of  extra  heavy  cast-iron  pipe, 
with  fittings  to  correspond,  where  it)  lies  under  the  building,  and  must 
extend  beyond  said  building  or  foundation  walls  not  less  than  one  (1) 
foot.  Said  pipe  and  fittings  to  be  stamped  as  such,  and  said  mark  to 
be  in  plain  sight  for  inspection.  Said  extra  heavy  pipe  to  be  of  the 
following  weights: 

2  inches,  5%  pounds  per  foot. 

3  inches,  9V2  pounds  per  foot. 

4  inches,  13  pounds  per  foot. 

5  inches,  17  pounds  per  foot. 

6  inches,  20  pounds  per  foot. 

At  the  end  of  every  horizontal  line  of  cast-iron  sewer  pipe  placed 
within  any  building  in  the  City  of  Oakland,  heavy  brass  cleanouts 
with  airtight  screw  joints  must  be  placed,  and  in  no  case  shall  they 
be  less  than  four  (4)  inches  in  diameter  on  the  main  horizontal  line 


OF  THE  CITY  OF  OAKLAND.  CAL. 


265 


and  the  same  size  as  the  pipe  on  all  other  branch  lines.  Waste  pipes 
must  be  of  cast-iron  or  lead.  Every  line  of  soil  pipe  leading-  to  water 
closets  above  first  floor  must  extend  full  bore,  over  in  a  line  with  and 
open  above  main  ridge  of  building.  Every  line  of  waste  pipe  on  or 
above  second  floor,  where  more  than  one  (1)  fixture  branches  into 
the  same,  must  run  full  bore  over  into  a  line  with  and  open  above  main 
ridge  of  building.  All  waste  pipes  in  basement  and  first  floor  to  be 
vented  same  size  of  pipe  as  trap  of  fixture. 

All  vent  pipes  must  be  carried  over  in  a  line  with  and  open  above 
main  ridge  of  building.  In  all  cases  where  a  closet  is  placed  inside  a 
building  or  on  a  porch,  there  must  be  one  (1)  line  of  four  (4)  inch 

I  pipe  extended  full  bore  above  the  main  ridge  of  building. 

Section  2.  When  a  building  is  moved  from  one  part  of  the  city 
to  another,  or  when  any  new  plumbing  is  done  in  an  old  building 
or  any  sewering  in  connection  therewith  (except  in  case  of  repairs  and 
repairs  are  defined  to  •  consist  of  repairs  of  leaks  in  drain,  soil,  waste 
and  vent  pipes,  and  repairs  on  faucets;  valves  and  water  supply  pipes), 
the  rules  and  regulations  of  this  ordinance  must  be  followed. 

(Section  3.  All  connections  of  soil  pipes  or  waste  pipes  with  iron¬ 
stone  sewer  must  be  made  below  the  surface  of  the  ground.  When¬ 
ever  the  Sanitary  Inspector  is  required  to  inspect  any  plumbing  or 
sewerage,  he  shall  be  given  twenty-four  (24)  hours’  notice  thereof, 
and  for  every  unnecessary  notice  so  given,  the  person  giving  the  same 
shall  forfeit  to  the  city  and  pay  to  the  Secretary  of  the  Board  of 
Health,  for  the  city,  the  sum  of  one  ($1.00)  dollar. 

Every  person  violating  any  of  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  ($100.00)  dol¬ 
lars;  and  in  case  such  fine  be  not  paid  then  by  imprisonment  in  the 
City  Prison  at  the  rate  of  one  (1)  day  for  every  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid. 

(As  amended  Aug.  6,  1898.  Vol.  5,  p.  293.) 

Section  4.  This  ordinance  shall  not  be  construed  to  repeal  any 
of  the  provisions  of  Ordinance  No.  1619,  except  where  the  same  are  in 
conflict  with  the  provisions  of  this  ordinance. 

Section  5.  This  ordinance  shall  take  effect  from  its  approval. 
(Approved  Nov.  13,  1897.  Vol.  5,  p.  200.) 


ORDINANCE  No.  1853. 


AN  ORDINANCE  DECLARING  CERTAIN  STAGNANT  WATER 
AND  SEWERAGE  MATTER  TO  CONSTITUTE  A  PUBLIC 
NUISANCE,  DIRECTING  THE  ABATEMENT  THEREOF,  AND 
PROVIDING  A  PENALTY  FOR  NEGLECT  OR  REFUSAL  TO 
ABATE  THE  SAME. 


GENERAL  MUNICIPAL  ORDINANCES 


266 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  stagnant  water  and  sewerage  matter  in  the  chan¬ 
nels,  depressions  and  sloughs  situated  on  that  portion  of  the  West 
Oakland  Marsh  lying  north  of  Twenty-second  street,  west  of  Union 
street,  south  of  Twenty- sixth  street  and  east  of  Peralta  street,  and 
also  in  the  channels,  depressions  and  sloughs  in  that  portion  of  said 
Marsh,  bounded  as  follow's,  to- wit: 

Beginning  at  a  point  in  the  southerly  line  on  Second  street  one 
hundred  (100)  feet  easterly  from  the  east  line  of  Union  street  and 
running  thence  southerly  to  a  point  where  the  marsh  land  meets  the 
Southern  Pacific  Railroad  embankment/,  thence  following  said  marsh 
line  along  said  embankment  to  the  easterly  line  of  Chester  street: 
thence  northerly  on  said  easterly  line  of  Chester  street  to  the  south¬ 
erly  line  of  Second  street;  thence  easterly  on  said  southerly  line  of 
Second  street  to  the  easterly  line  of  Cypress  street;  thence  northerly 
on  the  said  easterly  line  of  Cypress  street  to  the  southerly  line  of 
Fifth  street;  thence  easterly  on  said  southerly  line  of  Fifth  street  to 
the  westerly  line  of  Union  street;  thence  southerly  on  said  westerly 
line  of  Union  street  one  hundred  (100)  feet;  thence  southeasterly  to 
point  of  commencement,  are  hereby  declared  and  adjudged  to  be  of¬ 
fensive  to  the  senses,  injurious  to  health  and  to  constitute  a  public 
nuisance. 

Section  2.  The  owner  or  owners  of  premises  upon  which  any  of 
said  stagnant  water  and  sewerage  matter  is  situated,  and  persons  in 
possession  or  control  thereof  are  hereby  required  to  abate  said  nuisance 
forthwith. 

Section  3.  Any  person,  firm  or  corporation  being  the  owner  or 
in  possession,  or  control  thereof,  neglecting  or  refusing  to  abate  hie 
same  for  a  period  of  five  (5)  days  after  the  passage  and  approval  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  to  exceed  one  hundred  ($100.00.) 
dollars,  and  in  case  the  fine  be  not  paid,  then  said  person  or  persons 
so  fined  shall  be  imprisoned  one  (1)  day  for  each  two  ($2.00)  dollars 
of  the  fine  so  imposed  and  remaining  unpaid,  and 

Each  day’s  continuance  of  said  nuisance  after  the  expiration  of 
said  five  (5)  days  shall  constitute  a  separate  offense  and  be  punishable 
as  such. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  with. 
this  ordinance  are  hereby  repealed;  provided,  howTever,  that  nothing 
herein  shall  be  construed  as  a  repeal  of  the  whole,  or  any  part  of 
Ordinance  No.  1346. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

(Approved  Nov.  17,  1897.  Vol.  5,  p.  207.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  '  267 

ORDINANCE  No.  1965. 


AN  ORDINANCE  DECLARING  CERTAIN  STAGNANT  WATER  AND 
SEWAGE  MATTER  TO  CONSTITUTE  A  PUBLIC  NUISANCE, 
DIRECTING  THE  ABATEMENT  THEREOF,  AND  PROVIDING 
A  PENALTY  FOR  NEGLECT  OR  REFUSAL  TO  ABATE  THE 
SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows- 

Section  1.  The  stagnant  water  and  sewage  matter  in  the  channels,, 
depressions  and  sloughs  situated  on  that  portion  of  West  Oakland 
marsh  lying  within  the  City  of  Oakland,  State  of  California,  between 
the  south  line  of  B  street,  the  west  lines  of  Center  and  Willow  streets, 
the  north  line  of  Twenty-sixth  street,  and  the  east  side  of  the  roadbed 
embankment  of  the  Northern  Railway  Company,  is  hereby  declared  and 
adjudged  to  be  offensive  to  the  senses,  injurious  to  health  and  to  con¬ 
stitute  a  public  nuisance. 

Section  2.  The  owner  or  owners  of  premises  upon  which  any  of 
said  stagnant  water  and  sewage  matter  is  situated,  and  persons  in 
possession  and  control  thereof,  are  hereby  required  to  abate  said  nui¬ 
sance  forthwith. 

Section  3.  Any  person,  firm  or  corporation  being  the  owner  or  in 
possession  or  control  thereof,  neglecting  or  refusing  to  abate  the  same 
for  a  period  of  five  (5)  days  after  the  passage  and  approval  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall  be  fined  not  to  exceed  one  hundred  ($100.00)  dol¬ 
lars,  and  in  case  the  fine  be  not  paid,  then  said  person  or  persons  so 
fined  shall  be  imprisoned  one  (1)  day  for  each  two  ($2.00)  dollars  of 
the  fine  so  imposed  and  remaining  unpaid;  and  each  day’s  continuance 
of  said  nuisance,  after  the  expiration  of  said  five  (5)  days  shall  constitute 
a  separate  offense  and  be  punishable  as  such. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed;  provided,  however,  that  nothing 
herein  shall  be  construed  as  a  repeal  of  the  whole,  or  any  part,  of 
Ordinance  No.  1346. 


Section  5.  This  ordinance  shall  take  effect  immediately. 
(Approved  Feb.  10,  1899.  Vol.  5,  p.  350.) 


268 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  1854. 


AN  ORDINANCE  REGULATING  THE  SALE  OF  FRESHLY 
SLAUGHTERED  BEEF,  AND  THE  TRANSPORTING  AND  EX¬ 
POSING  FOR  SALE  OF  FRESHLY  SLAUGHTERED  MEAT 
WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  shall  sell,  or  keep,  or 
offer  for  sale,  either  at  wholesale  or  retail,  within  the  City  of  Oakland, 
any  freshly  slaughtered  beef  until  the  same  shall  have  been  inspected 
and  approved  by  the  United  States  Government  Inspector,  and  the  seal 
attached  thereto  according  to  the  Government  regulations. 

Section  2.  No  person,  firm  or  corporation  shall  within  the  City  of 
Oakland  convey  fresh  meats  to  be  offered  for  sale  without  covering 
the  same  so  as  to  exclude  dust  therefrom  while  being  transported. 

Section  3.  Every  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed 
one  hundred  ($100.00)  dollars,  and  in  case  said  fine,  or  any  part  thereof, 
b;e  not  paid,  then  the  person  so  fined  shall  be  imprisoned  in  the 
City  Prison  of  the  City  of  Oakland  at  the  rate  of  (1)  day  for  each 
two  ($2.00)  dollars  of  the  fine  so  imposed  or  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  Nov.  17,  1897.  Vol.  5,  p.  210.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


269 


CHAPTER  VIII. 

ORDINANCES  RELATING  TO  CITY  WHARF,  DOCKAGE,  ETC. 


[Note — For  rate  of  license  for  wharves  conducted  by  private 
parties,  see  Ordinance  No.  1480,  page  124,  ante.] 


ORDINANCE  No.  1548. 


AN  ORDINANCE  CREATING  THE  OFFICE  OF  CITY  WHARFINGER. 

AND  DEFINING  THE  DUTIES  THEREOF,  AND  FIXING  THE 

SALARY  AND  BOND  OF  THE  INCUMBENT  OF  SAID  OFFICE. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  The  office  of  City  Wharfinger  is  hereby  created,  the 
duties  of  which  shall  be  as  in  this  ordinance  hereafter  defined. 

Section  2.  The  City  Wharfinger  shall  be  appointed  by  the  City 
Council,  and  shall  hold  office  during  the  pleasure  of  the  Council. 

Section  3.  The  duties  of  said  Wharfinger  are  hereby  defined  as 
follows,  to- wit: 

First — He  shall  have  general  charge  of  the  water  front  of  the  city 
and  shall  be  at  the  wharves  of  the  city  daily  (Sundays  and  legal 
holidays  excepted)  between  the  hours  of  7  a.  m.  and  5  p.  m.,  and 
also  at!  such  other  times  as  the  business  of  the  wharves  may  require, 
or  upon  the  occurrence  of  severe  storms  which  may  endanger  the  safety 
of  the  wharves  and  the  shipping  lying  thereat. 

Second — He  shall  assign  positions  to  all  vessels  and  ferry  boats 
desiring  to  make  fast  to  the  wharves  of  the  city,  direct  the  distribu¬ 
tion  of  all  freight  and  merchandise  as  the  same  is  discharged  from 
vessels  or  ferryboats  or  delivered  by  teams,  collect  all  tolls,  wharfage 
and  dockage;  report  all  damages  to  said  wharves  at  once  to  the  Board 
of  Public  Works,  and  also  shall  perform  such  other  duties  in  connection 
with  the  said  wharves  and  the  business  thereof  as  may  be  required 
by  the  said  Board. 

Third — He  shall  make  a  daily  record  of  the  business  of  the  wharves, 
which  shall  contain  a  correct  account  of  the  arrival  and  departure  of 


270 


GENERAL  MUNICIPAL  ORDINANCES 


every  vessel  at'  or  from  the  wharves,  her  class,  tonnage,  cargo,  rate 
of  dockage,  and  the  tolls  and  wharfage,  chargeable  and  collected. 

Fourth — On  or  before  the  third  day  of  each  month  he  shall  make 
a  monthly  report  of  the  business  of  the  wharves  for  the  previous 
month  to  the  Council,  and  shall  file  a  copy  of  said  report  with  the 
Auditor  and  Treasurer,  and  shall  pay  over  to  the  Treasurer  all  moneys 
received  by  him  during  the  month. 

Fifth— He  shall  see  that  the  following  regulations  are  strictly  en¬ 
forced: 

1st.  Vessels  or  ferryboats  lying  at  the  end  of  any  wharf  shall 
haul  each  way  to  accommodate  vessels  going  in  or  out,  and  shall  rig 
in  the  jibboom  if  specially  ordered  by  him. 

2d.  All  vessels  o y  ferryboats  not  discharging  or  receiving  shall 
make  room  for  vessels  and  ferryboats  needing  immediate  accommo¬ 
dations,  and  in  all  cases  vessels  and  ferryboats  will  haul  or  change 
berths  at  their  own  expense  when  ordered  by  him. 

3rd.  No  vessel  or  ferryboat  shall  be  moved  or  made  fast  in  such 
a  manner  or  in  such  a  place  as  to  interfere  with  other  vessels  or 
ferryboats  going  into  or  out  of  the  slips  or  through  the  draw. 

4th.  No  ballast  or  heavy  matter  shall  be  thrown  overboard  from 
any  vessel  lying  at  the  wharf  or  in  the  slip,  and  all  rubbish  shall  be 
puti  on  the  wharf  and  be  removed  by  the  master  or  owner  of  the 
vessel  from  which  it  came.  Vessels  ballasting  must  have  a  tarpaulin 
placed  from  the  vessel  to  the  wharf,  so  as  to  prevent  any  portion 
falling  into  the  dock. 

5th.  No  pitch- tar  or  any  other  combustible  material  shall  be 
heated  on  the  Wharf,  and  such  work  shall  be  done  on  floating  stays. 
No  discharging  engine  shall  be  allowed  upon  the  wharf,  unless  the  same 
has  a  good  and  sufficient  spark  catcher. 

6th.  Teams  shall  not  be  driven  upon  the  wharf  faster  than  a  walk. 

Section  4.  Every  captain,  mate,  officer  or  other  person  having 

charge,  control  or  direction  of  a  ship,  tug,  ferryboat,  sailing  craft  or 
other  vessel  landing  or  lying  at  any  of  the  city  wharves,  shall  promptly 
obey  the  orders,  instructions  and  directions  of  the  City  Wharfiinger  as 
in  this  ordinance  defined  and  designated. 

Section  5.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 

be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars,  and  in 

case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  6.  The  Council  shall  appoint  such  Assistant  Wharfinger 
as  may  be  required  from  time  to  time,  whose  duties  shall  be  to  assist 
the  City  Wharfinger  in  the  performance  of  his  duties  as  herein  pro¬ 
vided. 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  August  3,  1893.  Vol.  4,  p.  460.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


271 


ORDINANCE  No.  1547. 


AN  ORDINANCE  REGULATING  THE  DOCKAGE,  LOADING  AND 

UNLOADING  OF  SHIPPING,  AND  ESTABLISHING  THE  RATES 

OF  WHARFAGE,  DOCKAGE  AND  TOLLS  ON  THE  WHARVES 

OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  vessels  entering-  Oakland  Harbor  shall  be  entitled 
to  a  berth  at  the  city  wharves  for  the  purpose  of  discharging  or  load¬ 
ing  cargo  after  an  application  shall  have  been  duly  made  to  the  City 
Wharfinger,  stating  the  draught  of  the  vessel  and  the  character  of 
her  cargo.  Berths  shall  be  assigned  by  the  Wharfinger  to  vessels  In 
the  order  of  their  arrival,  but  no  part  of  the  city  wharves  shall  be 
leased  to  any  person.  The  Wharfinger  shall  from  time  to  time  assign 
slips  and  berths  for  ferryboats  as  the  same  may  be  required. 

Section  2.  The  rates  of  dockage  for  shipping  shall  be  for  each  day 
of  24  hours  or  any  part  thereof  as  follows:  For  all  vessels,  steam 
or  sail,  and  barges  of  200  net  registered  tons  or  under,  2  cents  per 
ton;  for  all  such  vessels  of  over  200  net  registered  tons,  $4  for  the 
first  200  tons  and  %  of  a  cent  for  each  additional  ton.  Lighters  shall 
pay  a  dockage  rate  of  1  cent  per  ton  per  day,  whether  discharging  into 
or  loading  at  a  wharf,  discharging  into  or  loading  from  a  vessel  lying 
at  a  wharf,  or  transporting  from  a  vessel  to  a  wharf,  or  from  a  wharf 
to  a  vessel,  but  a  lighter  once  charged  or  having  paid  dockage  at  a 
wharf  for  any  day,  may  use  the  same  or  any  other  wharf,  during  that 
day,  without  further  charge,  no  matter  how  often  she  may  leave  and 
return,  provided  a  receipt  for  payment  at  the  first  wharf  used  be  pro¬ 
duced. 

[Tolls.] 

A  ton  is  by  weight  2000  pounds,  unless  otherwise  specified;  by 
measurement  40  cubic  feet.  Merchandise  for  the  purpose  of  tolls  and 
wharfage  must  be  estimated  by  weight  or  measurement  as  the  one 
mode  or  the  other  will  give  the  greater  number  of  tons. 

[Tolls  per  load.] 

Tolls  on  loads  hauled  on  or  off  a  wharf  are  as  follows: 

One  single  load  (except  where  the  article  hauled  is  charged  for 
otherwise  than  by  the  ton)  of  a  ton  or  less,  5  cents. 

Of  more  than  a  ton,  for  each  additional  ton  or  part  of  a  ton,  an 
additional  5  cents. 

On  merchandise  (except  where  otherwise  specified)  per  ton  5  cents. 

On  hay  discharged  from  a  vessel  on  any  wharf,  per  ton  10  cents. 

On  hay  hauled  on  to  any  wharf,  per  ton  5  cents. 

On  hay  discharged  from  any  vessel  lying  att  any  wharf  or  in  any 
slip,  dock  or  basin  into  another  vessel,  or  received  into  any  such  vessel 
from  any  lighter  or  other  vessel,  per  ton  5  cents. 


372 


GENERAL  MUNICIPAL  ORDINANCES 


On  hay  shipped  from  any  wharf  there  are  no  tolls  for  such  ship¬ 
ment,  apart  from  those  paid  for  discharging  or  hauling  the  hay  on 
the  wharf. 

Of  the  following  articles  2240  pounds  constitute  a  ton:  Coal,  rail¬ 
road  iron,  pig  iron,  gypsum,  asp h album,  ores,  paving  stones,  sand  and 
ballast. 

Agricultural  implements,  to-wit:  Reapers,  mowers,  headers,  sep¬ 
arators,  horse  rakes,  hay  presses,  plows,  cultivators  and  wheel  vehicles, 
when  knocked  down,  will  be  taken  by  measurement. 

On  wheat  or  flour  shipped  from  any  wharf,  no  tolls  will  be  collected 
for  such  shipment. 

[Tolls  Charged  Otherwise  Than  by  the  Ton.] 

On  the  following  articles  tolls  must  be  collected  as  follows: 

On  fir,  redwood,  spruce,  and  all  softwood  lumber,  per  thousand 
feet,  board  measure,  5  cents. 

On  oak,  hickory,  ash,  and  all  hardwood  lumber,  per  thousand  feet, 
board  measure,  10  cents. 

On  piles  discharged  on  any  slip,  dock,  basin  or  canal,  per  pile,  3 
cents. 

On  fence  posts,  per  100  or  fractional  part  thereof,  5  cents. 

On  railroad  ties,  per  1000  feet  of  lumber,  board  measure,  or  frac¬ 
tional  part  thereof,  contained  therein,  5  cents. 

On  redwood  shingles,  per  40  bundles  or  fractional  part  thereof, 
5  cents. 

On  cordwood,  per  cord,  5  cents. 

On  tanbark  and  stave  bolts,  per  cord,  10  cents. 

On  bricks  hauled  or  discharged  on,  or  loaded  from,  any  wharf, 
per  1000  or  fraction  thereof,  10  cents. 

On  wool  per  sack,  1  cent. 

On  wool  in  bales,  strapped,  per  bale,  iy2  cents. 

On  hops  in  bales,  per  bale,  1  cent. 

On  hides  of  cattle  (green  or  dry)  per  hide,  %  cent. 

On  sheep  skins,  per  skin,  1-16  cent. 

On  goat  skins,  per  skin,  1-16  cent. 

On  deer  skins,  per  skin,  1-16  cent. 

On  seal  skins,  per  skin,  1-16  cent. 

On  not  specified  skins,  1-16  cent. 

On  cattle,  horses  or  mules,  per  head,  i  cents. 

On  colts  and  calves  under  a  year  old,  per  head,  2  y2  cents. 

On  sheep  and  hogs,  per  head,  1  cent. 

Reapers,  mowers,  hay  rakes,  hay  presses,  gang  plows,  cultivators 
and  wheeled  vehicles,  set  up,  each,  10  cents. 

Headers  and  separators,  set  up,  each  20  cents. 

On  empty  barrels  (merchandise),  each  y2  cent. 

On  empty  packages,  being  returned  to  the  owner,  who  uses  them 
to  send  commodities  to  market  in,  no  tolls  will  be  collected. 

On  any  package  of  merchandise  carried  by  hand  on  to  any  wharf, 
and  intended  for  sale,  5  cents. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


273 


Tolls  are  due  and  payable  on  merchandise  as  soon  as  discharged 
from  a  vessel,  and  on  merchandise  for  shipment  as  soon  as  it  is  placed 
on  a  wharf.  No  tolls  will  be  collected  on  donkey  engines  nor  steve¬ 
dores’  tools  when  taken  on  a  wharf  for  the  purpose  of  loading  or 
discharging  a  vessel.  Merchandise  landed  on  a  wharf,  and  not  removed 
therefrom,  may  be  re-shipped  from  the  same  wharf,  on  the  payment 
of  one  toll  and  the  wharfage,  if  any  due  thereon. 

Section  3%.  On  merchandise  discharged  and  remaining  on  the 
wharf  over  24  hours  shall  be  charged  wharfage  for  each  24  hours  until 
removal  at  the  same  rate  as  the  tolls  hereinbefore  provided.  All  such 
merchandise  shall  be  promptly  removed  at  any  time  when  required 
by  the  Wharfinger,  and  in  no  event  shall  remain  on  the  wharf  to 
exceed  ten  days.  On  merchandise  received  for  shipment  and  remaining 
on  the  wharf  over  24  hours  before  shipment,  the  same  rate  of  wharfage 
shall  be  charged  as  in  this  section  provided  for  merchandise  received 
and  remaining  upon  the  wharf.  Vessels  taking  in  ballast  shall  be  carged 
one-half  rates. 

.Section  4.  Any  vessel  leaving  a  wharf  without  paying  charges 
will  be  put  on  the  black  list,  and  must  pay  fifty  per  cent  additional 
charges  and  $10  fine  before  it  can  dock  again. 

Section  5.  Every  steam  engine  used  upon  the  city  wharves  for 
loading  or  unloading  cargo  shall  have  upon  its  smokestack  a  bonnet 
or  spark  catcher  that  will  effectually  prevent  sparks  from  falling  upon 
said  wharves  or  upon  the  deck  of  any  vessel. 

Section  6.  Rubbish  or  other  substance  on  which  no  wharfage  Is 
charged  shall  be  removed  from  the  wharf  by  the  person  placing  it 
there,  and  on  default  must  be  removed  by  the  Wharfinger  at  such 
person’s  expense.  Coal  screens,  donkey  engines,  and  all  stevedores’ 
tools  and  appliances  must  be  removed  from  the  wharf  when  directed 
by  the  Wharfinger. 

Section  7.  In  case  any  damage  is  done  to  a  wharf,  shed  or  other 
structure  on  the  water  front  by  a  vessel  or  otherwise,  the  said  dam¬ 
age,  together  with  the  name  of  the  vessel  or  person  causing  it,  must 
be  reported  forthwith  by  the  Wharfinger  to  the  Board  of  Public  Works, 
and  the  expense  of  the  repairs  of  said  damage  shall  be  charged  against 
such  vessel  or  individual. 

Section  S’.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  9.  This  ordinance  shall  take  effect  immediately  upon  its 

approval. 

(Approved  August  3,  1893.  Vol.  4,  p.  456.) 


274 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  No.  2237. 


AN  ORDINANCE  LEASING  TWO  WAREHOUSES  ON  THE  MAIN 
WHARF  IN  THE  CITY  OF  OAKLAND  TO  DIMOND  FREIGHT 
AND  EXPRESS  LINE,  AND  GRANTING  THE  RIGHT  TO  SAID 
DIMOND  FREIGHT  AND  EXPRESS  LINE  TO  USE  SAID  WHARF 
FOR  RECEIVING  AND  STORING  FREIGHT  THEREIN,  AND 
FIXING  THE  MONTHLY  RENT  TO  BE  PAID  THEREFOR,  AND 
AUTHORIZING  THE  MAYOR  OF  THE  CITY  OF  OAKLAND  TO 
EXECUTE  SAID  -  LEASE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  those  two  certain  warehouses  situated  on  what 
is  known  as  the  main  wharf  in  the  City  of  Oakland,  are  hereby  leased 
unto  Dimond  Freight  and  Express  Line,  a  corporation,  for  the  term 
of  eighteen  months,  said  term  commencing  on  the  first  day  of  October, 
1903,  and  that  the  said  Dimond  Freight  and  Express  Line  shall  have 
the  right  to  use  said  warehouses  on  said  wharf  for  the  purpose  of 
storing  and  receiving  freight  therein  during  said  term,  and  that  said 
Dimond  Freight  and  Express  Line  sail  pay  as  rental  therefor,  the 
monthly  rent  of  fifty  ($50)  dollars  each  month  during  said  term,  and 
that  said  monthly  rent  shall  be  due  and  payable  on  the  first  day  of 
each  and  every  month,  during  said  term,  payable  in  advance,  and  the 
said  rent  shall  be  paid  unto  the  City  Treasurer. 

Section  2.  The  Mayor  of  the  City  of  Oakland  is  hereby  authorized 
to  execute  on  behalf  of  the  City  of  Oakland,  the  lease  herein  referred 
to  in  accordance  with  the  provisions  of  this  ordinance 

Section  3.  Nothing  in  this  ordinance  shall  be  construed  as  grant¬ 
ing  to  said  Dimond  Freight  and  Express  Line  tihe  right  to  collect  any 
wharfage,  dockage  or  tolls  on  said  main  wharf,  and  the  City  of  Oak¬ 
land  hereby  expressly  reserves  the  right  to  collect  all  wharfage  and 
dockage  on  said  wharf,  on  which  the  aforesaid  warehouses  are  lo¬ 
cated. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force  from 
•and  after  its  passage. 

(Approved  Nov.  9,  1903.  Vol.  6,  p.  140.) 


OP  THE  CITY  OF  OAKLAND,  CAI 


275 


ORDINANCE  No.  2238. 


AN  ORDINANCE  LEASING  FRANKLIN  STREET  PIER  IN  THE  CITY 
OF  OAKLAND  TO  JAMES  P.  TAYLOR,  AND  GRANTING  RIGHT 

TO  SAID  JAMES  P.  TAYLOR  TO  MAINTAIN  COAL  BUNKERS 

THEREON,  AND  FIXING  THE  MONTHLY  RENT  TO  BE  PAID 

THEREFOR,  AND  AUTHORIZING  THE  MAYOR  OF  SAID  CITY 

OF  OAKLAND  TO  EXECUTE  SAID  LEASE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  certain  wharf  in  the  City  of  Oakland,  known  as 
the  Franklin  Street  Pier,  is  hereby  leased  unto  James  P.  Taylor  for 
the  term  of  five  years,  said  term  commencing-  on  the  first  day  of  October, 
1903,  and  that  said  James  P.  Taylor  shall  have  the  right  to  maintain 
coal  bunkers  on  said  pier  during  said  term,  and  that  said  James  P. 
Taylor  shall  pay  as  rental  therefor  the  monthly  rent  of  one  hundred 
($100)  dollars  each  month  during  said  term,  and  that  said  monthly 
rent  shall  be  due  and  payable  on  the  first  day  of  each  and  every  month 
during  said  term,  payable  in  advance,  and  that  said  rental  shall  be 
paid  to  the  City  Treasurer. 

Section  2.  The  City  of  Oakland  hereby  expressly  reserves  the 
right  to  collect  all  wharfage  and  dockage  in  relation  to  said  wharf  or 
pier,  and  no  right  to  collect  wharfage,  dockage  or  tolls  is  granted  in 
said  lease,  to  said  James  P.  Taylor. 

Section  3.  The  Mayor  of  the  City  of  Oakland  is  hereby  authorized 
to  execute  on  behalf  of  the  City  of  Oakland,  the  lease  herein  referred 
to  in  accordance  with  the  provisions  of  this  ordinance. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force  and 
•effect  from  and  aft^r  its  passage. 

(Approved  Nov.  9,  1903.  Yol.  6,  p.  141.) 


276 


GENERAL  MUNICIPAL  ORDINANCES 


CHARTER  IX. 

ORDINANCES  RELATING  TO  THE  CITY  POUND. 


ORDINANCE  No.  820. 


AN  ORDINANCE  CREATING  THE  OFFICE  OP  POUNDMASTER 
AND  DEFINING  HIS  DUTIES;  TO  PREVENT  CERTAIN  ANI¬ 
MALS  FROM  RUNNING  AT  LARGE,  AND  TO  PROVIDE  FOR 
THE  BURIAL  OF  DEAD  ANIMALS  IN  THE  CITY  OF  OAK¬ 
LAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  The  office  of  Poundmaster  is  hereby  created,  and  it 
is  hereby  made  the  duty  of  the  City  Council  to  appoint  some  suitable 
person  to  fill  said  office  immediately  upon  the  approval  of  this  ordi¬ 
nance;  said  Poundmaster  shall  hold  his  office  during-  the  pleasure  of 
the  City  Council,  and  shall  perform  the  duties  and  receive  the  fees 
hereinafter  set  forth,  which  said  fees  shall  constitute  his  entire  com¬ 
pensation  for  the  duties  performed  under  this  ordinance,  to  be  col¬ 
lected  from  the  owner  or  possessor,  or  from  the  sale  of  any  animals 
impounded,  and  in  no  case  to  become  a  charge  against  the  City  of 
Oakland,  except  as  herein  after  provided.  (Amendment  approved  April 
24,  1893.  Vol.  4,  p.  414.) 

Section  2.  The  Poundmaster  shall  erect  or  cause  to  be  erected 
at  his  own  expense,  in  a  location  to  be  approved  by  the  City  Council, 
a  suitable  inclosure  to  keep  and  safely  hold  all  animals  hereinafter 
enumerated  and  subject  to  be  impounded,  which  shall  be  known  as  the 
City  Pound. 

Section  3.  The  Poundmaster,  before  entering  upon  the  discharge 
of  the  duties  of  his  office,  shall  make  and  execute  a  good  and  suf¬ 
ficient  bond,  with  two  or  more  sureties  in  the  sum  of  one  thousand 
dollars,  payable  to  the  City  of  Oakland,  conditioned  for  the  faithful 
performance  of  his  duties  as  such  Poundmaster,  and  shall  have  power 
to  appoint  such  number  of  deputies,  not  exceeding  two  as  in  his 
judgment  may  be  necessary  to  assist  him  in  carrying  out  the  pro¬ 
visions  of  this  ordinance,  said  appointments  to  be  made  in  writing 


OF  THE  CITY  OF  OAKLAND,  CAL. 


277 


filed  in  the  office  of  the  City  Clerk.  (Amendment  approved  February 
9,  1883.  Vol.  3,  p.  94.) 

Section  4.  ItJ  is  hereby  declared  unlawful  for  any  ox,  bull,  cow, 
horse,  colt,  jack,  mule,  calf,  sheep,  goat  and  hog,  ducks  and  geese 
to  run  at  large  in  the  City  of  Oakland,  or  to  be  pastured  or  herded 
(or  staked  or  tied  for  the  purpose  of  grazing)  in  any  of  the  streets, 
lanes,  alleys,  courts  or  places,  public  squares  or  other  grounds  be¬ 
longing  to  or  under  the  control  of  the  City  of  Oakland,  and  it  shall 
be  unlawful  for  any  of  said  animals  or  stock  of  any  kind  to  be  tied, 
staked,  pastured  or  to  run  at  large  upon  any  private  property  within 
the  limits  of  said  City  of  Oakland,  unless  by  consent  of  the  owner  or 
occupant  of  such  property. 

Section  5.  It  shall  be  the  duty  of  the  Poundmaster  to  take  up, 
impound  and  safely  keep  any  of  the  animals  enumerated  in  Section 
4  of  this  ordinance  found  running  at  large,  staked,  tied  or  being  herded 
or  pastured  in  any  street,  lane,  alley,  court  or  place,  or  public  ground, 
or  upon  any  private  lot  or  ground  in  the  City  of  Oakland,  contrary  to 
the  provisions  of  Section  4  of  this  ordinance.  When  any  animal  is 
so  impounded,  the  Poundmaster  shall  immediately  notify  the  owner 
thereof,  if  known  to  him,  and  shall  post1  three  notices,  one  on  the 
City  Hall  bulletin  board,  one  at  the  postoffice  and  one  where  the 
animal  was  taken  from.  Said  notices  shall  contain  a  full  description 
of  said  animals  and  shall  set  forth  that  unless  reclaimed,  will  be  sold 
at  public  auction  to  the  highest  bidder  at  a  time  and  place  to  be 
specified  in  said  notice,  which  shall  not  be  less  than  five  nor  more  than 
ten  days,  from  the  posting  thereof,  and  if  said  animals  are  not  re¬ 
claimed  before  the  expiration  of  the  time  specified  in  the  said  notice, 
the  Poundmaster  shall  proceed  to  sell  the  same  at  the  time  and  place 
in  manner  specified  in  said  notice,  provided  that  all  animals  so  taken 
into  the  custody  of  the  Poundmaster,  which  by  reason  of  age  or 
disease  or  other  infirmity  are  unfit  for  further  use,  or  are  dangerous 
to  be  kept  impounded,  shall  be  destroyed  by  him  (after  examination 
by  tihe  Veterinary  Surgeon  of  the  Society  for  the  Prevention  of  Cruelty 
to  Animals)  within  twelve  hours  from  the  time  such  animals  have 
been  impounded,  and  in  the  case  of  such  animals  he  shall  not  be  re¬ 
quired  to  give  the  aforesaid  notice.  (Amendment  approved  May  23, 
1894.  Vol.  4  ,p.  556.) 

Section  6.  The  owner  of  any  animal  impounded  shall  have  the 
right  to  reclaim  the  same  at  any  time  prior  to  the  sale  thereof  upon 
payment  to  the  poundmaster  of  the  costs  and  charges  hereinafter 
provided  in  this  ordinance,  for  impounding  and  keeping  said  animal, 
or  if  sold,  to  receive  the  proceeds  of  the  sale  thereof,  less  t'he  costs 
and  charges  aforesaid,  within  thirty  days  after  such  sale,  upon  satis¬ 
factory  proof  of  his  or  her  ownership  of  the  property  sold,  duly  made 
before  the  Police  Judge  of  the  City  of  Oakland. 

Section  7.  The  Poundmaster  shall  cause  all  animals  impounded 
by  him  to  be  provided  with  sufficient  food  and  water  suitable  for 
such  animals,  and  upon  his  neglecting  so  to  do  shall  be  liable  to  the 
owner  for  ail  damages  arising  therefrom. 


278 


GENERAL  MUNICIPAL  ORDINANCES 


Section  8.  The  Poundmaster  shall  be  entitled  to  receive  from  the 
owner  of  any  aminal,  except  dogs,  the  following  fee  for  impounding 


and  keeping  the  same,  to- wit: 

Horses,  bulls,  oxen  and  cows,  per  head . $4.00 

Jacks,  rhules,  steers  and  colts,  per  head .  4.00 

Hogs,  sheep,  goats  and  calves,  per  head .  1.50 

Ducks  and  geese,  per  head .  25 

And  the  further  sum  for  keeping  the  same  per  day: 

Horses,  bulls,  oxen  and  cows,  per  head .  50 

Jacks,  mules,  steers  and  colts,  per  head .  50 

Hogs,  sheep,  goats  and  calves,  per  head .  25 

Ducks  and  geese,  per  head .  05 


With  twenty  per  cent  on  the  gross  sales  made  by  him,  as  hereinbe¬ 
fore  provided. 

Section  9.  It  is  hereby  declared  unlawful  for  any  dog  of  the  age 
of  six  months  and  upwards  not  duly  licensed  and  registered  in  ac¬ 
cordance  witih  the  provisions  of  an  ordinance  entitled  “An  Ordi¬ 
nance  Providing  for  the  Licensing  and  Registration  of  Dogs  in 
the  City  of  Oakland,”  approved  July  10,  1873,  to  run  or  be  at  large  in 
any  of  the  streets,  lanes,  alleys,  courts  or  places  or  public  grounds 
in  said  City  of  Oakland;  and  it  is  hereby  made  the  duty  of  the  Pound- 
master  to  take  up  and  impound  any  dog  of  the  age  of  six  months  and 
upwards  not  licensed  and  registered,  found  running  at  large  in  any 
street,  lane,  alley,  court  or  place,  or  public  grounds  in  said  City  of 
Oakland.  Any  dog  of  the  age  of  six  months  and  upwards  so  im¬ 
pounded  may  be  redeemed  by  the  owner  or  possessor  thereof  within 
three  days,  upon  the  payment  to  the  said  Poundmaster  of  the  sum  of 
three  dollars,  and  ten  cents  for  each  day  for  keeping  the  same.  All 
dogs  of  the  age  of  six  months  and  upwards  not  redeemed  as  herein 
provided  shall  be  sold  or  killed  by  the  Poundmaster,  and  any  licensed 
and  registered  dog  found  running  at  large  without  a  tag  as  required 
by  law  shall  be  taken  to  the  Pound,  and  if  claimed  by  the  owner 
within  three  days,  the  Poundmaster  shall  be  entitled  to  receive  the 
sum  of  one  dollar  from  the  owner  or  possessor  thereof  as  a  fee  for 
impounding  the  same.  And  all  dogs  of  the  age  of  six  months  and 
upwards  impounded  and  unclaimed  and  not  sold  by  the  Poundmaster 
within  three  days  shall  be  killed  and  buried  in  the  city  burial  place 
for  dead  animals  by  the  Poundmaster,  and  he  shall  be  entitled  to 
receive  from  the  city  a  fee  of  one  dollar  each  therefor.  (Amendment 
approved  June  6,  1889.  Vol.  3,  p.  337.) 

[Note. — Section  2  of  the  ordinance  amending  the  preceding  sec¬ 
tions  provides  as  follows: 

“Nothing  in  this  ordinance  shall  be  construed  as  operating  against 
dogs  under  six  months  old,  which  shall  be  exempt  from  seizure,  im¬ 
poundment  and  slaughter.”] 

Section  10.  If  any  animal  impounded  under  the  provisions  of 
this  ordinance  be  not  redeemed  or  sold  within  the  time  and  in  the 


OF  THE  CITY  OF  OAKLAND,  CAL. 


279 


manner  specified,  the  Poundmaster  shall  kill  and  bury  the  same  in 
the  city  burial  place  for  dead  animals  in  the  manner,  and  for  which 
he  shall  be  entitled  to  receive  the  fee,  as  hereinafter  provided,  for  the 
burial  of  dead  animals. 

Section  11.  It  shall  be  the  duty  of  all  persons  having-  dead  ani¬ 
mals  upon  their  premises,  or  who  shall  be  the  owner  or  possessot 
of  any  dead  animal  which  die  within  the  City  of  Oakland,  to  bur^ 
the  same  at  least  four  feet  underground,  except  cats,  dogs  or  fowj, 
which  shall  be  buried  at  least  two  feet  underground,  either  upon  his 
own  premises  or  in  the  city  burial  place  for  dead  animals,  within  forty- 
eight,  hours  after  the  same  shall  die;  and  upon  the  request  of  any 
owner  or  possessor  of  any  dead  animal,  it  shall  be  the  duty  of  the 
Poundmaster  to  proceed  forthwith  to  bury  the  same  in  the  city  burial 
place  for  dead  animals,  for  which  he  shall  be  entitled  to  receive  from 
the  owner  or  possessor  of  such  dead  animals,  the  following  fees,  to- wit: 


For  burying  horses,  bulls,  oxen  and  cows,  each . $5.00 

For  burying  jacks,  mules,  steers  and  colts,  each .  4.00 

For  burying  hogs,  sheep,  goats  and  calves,  each .  3.00 

For  burying  ducks  and  geese,  each . 25 

For  burying  dogs,  each .  1.00 


Section  12.  If  any  person  fail  or  neglect  to  bury  any  dead  animal, 
as  provided  for  in  this  ordinance,  then  in  such  case  it  shall  be  the 
duty  of  the  Poundmaster  to  proceed  forthwith  to  bury  the  same; 
and  it  shall  be  lawful  for  the  Poundmaster  to  charge  to  and  to  re¬ 
cover  from  the  owner  or  possessor  of  such  dead  animal  the  fees  here¬ 
inbefore  provided;  and  if  any  such  person  shall  neglect  or  refuse  to 
notify  the  Poundmaster  of  any  dead  animal  upon  his  premises,  or  of 
which  he  is  the  owner  or  possessor,  or  to  pay  the  Poundmaster  the 
fee  as  hereinbefore  provided,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  ten  dollars  nor  more  than  thirty  dollars;  and  in  default  of  the 
payment  thereof,  shall  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  one  day  for  every  two  dollars  of  such  fine.  And  in  case 
the  Poundmaster,  after  diligent  search,  cannot  find  the  owner  or 
possessor  of  such  dead  animal,  and  shall  make  oath  to  that  effect, 
then  he  shall  be  entitled  to  one-half  of  the  said  fees  from  the  City 
of  Oakland  for  the  burial  of  such  dead  animal.  (Amendment  approved 
November  18,  1886.  Vol.  3,  p.  221) 

Section  13.  If  any  person  shall  rescue  any  animal  from  the 
possession  of  the  Poundmaster  while  conveying,  or  being  about  to 
convey,  the  same  to  the  City  Pound,  or  shall  make  any  Pound  breach, 
or  in  any  way  directly  or  indirectly  convey  or  deliver  any  animal  out 
of  the  City  Pound  without  lawful  authority,  he  shall  be  deemed  guiltj 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars;  and  in 
default  of  the  payment  thereof,  shall  be  imprisoned  in  the  City  Prison, 
one  day  for  every  two  dollars  of  such  fine. 


28o 


GENERAL  MUNICIPAL  ORDINANCES 


Section  14.  The  Poundmaster  shall  make  a  true  and  correct  re 
port,  under  oath,  to  the  City  Council  on  the  first  Monday  of  each 
month  of  all  the  animals  of  each  kind  impounded  by  him  during  the 
month;  of  the  number  redeemed  and  sold,  and  the  amount  received 
therefor,  and  the  number  killed  of  each  kind,  with  the  number  and  kind 
buried  and  the  amount  received  therefor. 

Section  15.  The  Poundmaster  shall,  before  he  proceeds  to  kill 
any  animals  subject  to  be  killed  under  the  provisions  of  this  ordinance, 
notify  the  Captain  of  Police  of  his  intention  to  kill  such  animals,  who 
shall  detail  an  officer  of  the  police  force  to  be  present  at  the  time  and 
place  of  the  killing,  of  such  animals. 

Section  16.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  17.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  May  13,  1879.  Vol.  2,  p.  711.) 


ORDINANCE  No.  866. 


AN  ORDINANCE  SUPPLEMENTAL  TO  AN  ORDINANCE  ENTITLED 
“AN  ORDINANCE  CREATING  THE  OFFICE  OF  POUND- 
MASTER  AND  DEFINING  HIS  DUTIES;  TO  PREVENT  CER¬ 
TAIN  ANIMALS  FROM  RUNNING  AT  LARGE,  AND  TO  PRO¬ 
VIDE  FOR  THE  BURIAL  OF  DEAD  ANIMALS  IN  THE  CITY 
OF  OAKLAND,”  APPROVED  MAY  13,  1879. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Every  person  taking  up  any  animal  liable  to  be  im¬ 
pounded  under  the  provisions  of  any  ordinance  of  this  city,  shall, 
within  twelve  hours  after  taking  up  such  animal,  or  if  the  same  be 
attached  to  a  vehicle  within  four  hours,  give  notice  thereof  to  the 
Poundkeeper  or  Chief  of  Police,  and  the  Poundkeeper  shall  there¬ 
upon  take  such  animal  into  his  custody  ,and  every  person  to  whom 
such  animal  may  be  delivered  or  who  shall  receive  the  same  shall 
forthwith  on  demand  deliver  such  animal  to  the  Poundkeeper. 

Any  person  who  shall  violate  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars, 
and  in  default  of  the  payment  of  such  fine  shall  be  imprisoned  at  the 
rate  of  one  day  for  each  two  dollars  of  the  fine  imposed. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  January  9,  1890.  Vol.  3,  p.  20.) 


OF  THE  CITY  OF  OAKLAND.  CAL. 


281 


CHAPTER  X. 

ORDINANCES  RELATING  TO  NUMBERING  OF  BUILDINGS. 


ORDINANCE  NO.  506. 


AN  ORDINANCE  PROVIDING  FOR  THE  NUMBERING  OF  BUILD¬ 
INGS  IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  (Repealed  by  Ordinance  No.  1335,  approved  September 
30,  1891.  Vol.  3,  p.  704.) 

Section  2.  South  Front  street  shall  be  the  starting  point  for  the 
numbers  on  all  buildings  fronting  on  streets  running  therefrom  in 
a  northerly  direction,  and  East  Front  street  shall  be  the  starting  point 
for  numbers  on  all  buildings  fronting  on  streets  running  therefrom 
in  a  westerly  direction.  The  easterly  shore  of  Lake  Merritt  and  San 
Antonio  creek  shall  be  the  starting  point  for  numbering  the  buildings 
cm  all  streets  running  therefrom. 

Section  3.  On  all  street's  the  numbers  on  the  northerly  and  east¬ 
erly  sides  thereof  shall  be  even  numbers  and  on  the  southerly  and 
westerly  sides  thereof  shall  be  odd  numbers. 

Section  4  In  the  territory  bounded  by  Market  street  on  the  west, 
the  old  charter  line,  San  Pablo  avenue  and  Fourteenth  street  on  the 
north,  Eiast  Front  street  on  the  east,  and  South  Front  street  on  the 
south,  50  numbers  shall  be  allotted  to  each  block,  except1  the  blocks 
between  Fiftn  street  and  Seventh  street  and  the  blocks  between  Twen¬ 
tieth  street  and  Lydia  street,  to  each  of  which  25  numbers  will  be  al¬ 
lotted. 

In  the  territory  bounded  by  Market  street  on  the  east,  Peralta 
street  on  the  w^est,  South  Front  street  on  the  south  and  the  old  charter 
line  on  the  north,  50  numbers  will  be  allotted  to  each  block  fronting 
on  streets  running  east  and  west1,  and  100  numbers  to  each  block 
fronting  on  streets  running  north  and  south,  except  the  blocks  be¬ 
tween  Fifth  street  and  Eighth  street,  to  each  of  which  50  numbers 
will  be  allotted. 

In  the  territory  west  of  Peralta  street  and  south  of  the  old  charter 
line  50  numbers  will  be  allotted  to  each  block  fronting  on  streets  run- 


382 


GENERAL  MUNICIPAL  ORDINANCES 


ning  east  and  west,  and  upon  streets  running  north  and  south  100  num¬ 
bers  will  be  allotted  to  each  block  between  South  Front  and  Pearl 
streets;  50  numbers  to  each  block  between  Pearl  and  Atlantic  streets; 
25  numbers  to  each  block  between  Atlantic  street  and  Railroad  ave¬ 
nue;  50  numbers  to  the  block  between  Railroad  avenue  and  Eighth 
street;  50  numbers  from  Railroad  avenue  to  Division  street;  33  num¬ 
bers  to  each  block  from  Division  street  to  Seward  street;  50  numbers 
to  each  block  from  Seward  street  to  Twelfth  street;  and  100  numbers 
to  each  block  from  Twelfth  street  to  the  old  charter  line. 

In  that  portion  pf  the  city  east  of  Lake  Merritt  and  the  northerly 
arm  of  San  Antonio  creek  50  numbers  shall  be  allotted  to  each  block. 

The  initial  number  in  each  block  shall  be  rated  according  to  its 
distance  from  the  intersection  of  Cypress  and  South  Front  street, 
Twelfth  and  East  Front  streets,  or  Adams  and  the  eastern  shore  of 
Lake  Merritt.;  so  that  the  initial  number  in  every  block  fronting  upon 
any  one  street  shall  be  identical  throughout  the  entire  length  of  the 
street.  Not  less  than  twenty  feet  in  frontage  of  all  vacant  lots  of 
ground  shall  be  allowed  for  each  number. 

Section  5.  The  appropriate  numbers  shall  be  placed  upon  all 
buildings  within  the  territory  bounded  by  the  west  line  of  Adeline 
street  on  the  west,  Fourteenth  street  and  East  Madison  street  on  the 
north,  Friedman  street  and  the  extension  southerly  of  the  same  on  the 
east,  and  South  Front  street  on  the  south  within  90  days  after  the 
passage  of  this  ordinance;  and  the  proper  numbers  of  the  entrance  to 
any  building  which  may  hereafter  be  erected  within  the  last  above- 
described  limits  shall  be  placed  thereon  within  two  weeks  after  the 
said  building  shall  have  been  completed. 

Section  6.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon;  con¬ 
viction  thereof  shall  pay  a  fine  of  not  less  than  five  dollars  nor  more 
than  ten  dollars,  and  in  case  the  fine  be  not  paid,  such  person  or  per¬ 
sons  may  be  imprisoned  at  the  rate  of  one  day  for  every  two  dollars 
of  the  fine  imposed.  (Amended  by  ordinance  approved  September  20, 
1888.  Vol.  3,  p.  314.) 

Section  7.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  2,  1872.  Vol.  2,  p.  208.) 


ORDINANCE  NO.  712. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE  EN¬ 
TITLED  “AN  ORDINANCE  PROVIDING  FOR  THE  NUMBER¬ 
ING  OF  BUILDINGS  IN  THE  CITY  OF  OAKLAND,”  APPROVED 
DECEMBER  2,  1872. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  In  the  territory  bounded  on  the  east  by  Broadway  and 
westwardly  by  San  Pablo  avenue,  and  lying  north  of  Fourteenth  street, 
fifty  (50  numbers  shall  be  allotted  to  each  block  fronting  on  streets 
running  north  and  south,  except  the  blocks  between  Twentieth  and 
Jones,  between  Twenty-fifth  and  Twenty-sixth,  and  between  Thirty- 
second  and  Thirty-third,  to  each  of  which  twenty-five  (25)  numbers 
shall  be  allotted. 

[Note — This  section  has  been  amended  as  to  Telegraph  avenue, 
San  Pablo  avenue  and  Valley  street  by  Ordinance  No.  1623  post, 
which  see.  Approved  August  15,  1894.  Vol.  4,  p.  590.] 

Section  2.  In  the  territory  bounded  on  the  east  by  San  Pablo 
avenue  and  on  the  west  by  Peralta  street,  lying  between  Twenty- 
second  and  Thirty-sixth  streets,  fifty  (50)  numbers  shall  be  allotted 
to  each  block  fronting  on  streets  running  east  and  west,  and  one  hun¬ 
dred  (100)  numbers  to  each  block  fronting  on  streets  running  north 
and  south. 

Section  3.  The  numbers  on  all  streets  running  parallel  with 
San  Pablo  avenue  shall  commence  at  Twenty-eighth  street,  and  one 
hundred  (100)  numbers  shall  be  allotted  to  each  block.  The  num¬ 
bers  on  A,  B,  C  and  D  streets  shall  commence  at  San  Pablo  avenue, 
and  fifty  (50)  numbers  shall  be  allotted  to  each  block. 

Section  4.  Peralta  street,  San  Pablo  avenue  and  Telegraph  ave¬ 
nue  shall  be  numbered  as  streets  running  north  and  south;  the  initial 
number  in  each  block  upon  said  streets  shall  be  the  same  as  in  cor¬ 
responding  blocks  upon  Adeline  street. 

[Note — This  section  has  been  amended  as  to  San  Pablo  avenue 
and  Telegraph  avenue  by  Ordinance  No.  1623  post,  which  see.  Ap¬ 
proved  August  15,  1894.  Vol.  4,  p.  590.] 

Section  5.  The  initial  number  on  all  streets  on  the  west  line  of 
Telegraph  avenue  shall  be  five  hundred  and  one  (501),  and  one  hun¬ 
dred  and  fifty  (150)  numbers  shall  be  allotted  to  each  block  thereon 
between  Telegraph  and  San  Pablo  avenues,  except  the  block  between 
West  and  Market',  to  which  one  hundred  (100)  numbers  shall  be 
allotted. 

Section  6.  To  Prospect  place  fifty  (50)  numbers  shall  be  allotted 
to  the  block  between  Broadway  and  Telegraph  avenue;  and  to  Orchard 
avenue  twenty-five  (25)  numbers  to  each  block  from  BroadwTay  to- 
Summit  street;  and  to  Hawthorne  and  Plymouth  avenue,  and  to  Ed¬ 
ward  street,  fifty  (50)  numbers  shall  be  allotted  between  Broadway 
and  Telegraph  avenue. 

[Note — This  section  has  been  amended  as  to  Plymouth  avenue 
and  Edward  street  by  Ordinance  No.  1396  post,  which  see.  Approved 
January  25,  1892.  Vol,  4,  p.  76.] 

Section  7.  The  numbering  of  Elm  avenue  shall  commence  at 
Hawthorne  avenue;  Andover  street  at  Plymouth  avenue;  Summit 


284 


GENERAL  MUNICIPAL  ORDINANCES 


street  at  Prospect  place;  Valley  street  at  Walnut  street;  Webster  ave¬ 
nue  at  Webster  street;  Brook  street  at  Orchard  avenue;  anid  fifty  (50) 
numbers  shall  be  allotted  to  each  block  upon  said  streets  and  avenues. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  February  21,  1877.  Vol.  2,  p.  519.)  \ 


ORDINANCE  NO.  729. 


AN  ORDINANCE  PROVIDING  FOR  THE  NUMBERING  OF  BUILD¬ 
INGS  IN  THAT  PORTION  OF  THE  CITY  OF  OAKLAND  DYING 

EASTWARDLY  FROM  BROADWAY  AND  NORTH  OF  FOUR¬ 
TEENTH  STREET. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Ini  that  portion  of  the  city  lying  to  the  eastward  of 
Broadway  and  northward  of  Fourteenth  street,  and  bounded  on  the 
eastward  by  Lake  Merritt  and  the  eastern  line  of  the  city,  fifty  (50) 
numbers  shall  be  allotted  to  each  block  between  Fourteenth  and 
Seventeenth  streets,  and  one  hundred  numbers  between  Seventeenth 
and  Durant  streets.  Fourteenth,  Fifteenth,  Sixteenth  and  Seven¬ 
teenth  streets  shall  for  the  purpose  of  numbering  be  deemed  as  ex¬ 
tensions  of  the  said  streets  on  a  straight  line  eastwardly  from  such 
points  as  they  may  at  present  terminate. 

Between  Durant  street  and  Twentieth,  between  Twentieth  and 
Walnut  and  between  Walnut  and  Elm,  one  hundred  numbers  shall  be 
allotted  to  each  block.  The  initial  number  in  each  block  in  the  above 
named  territory,  upon  streets  running  east  and  west  shall  be  uniform 
with  the  initial  number  of  the  same  tier  of  blocks  upon  streets  south 
of  Fourteenth  street. 

Section  2.  The  appropriate  number  shall  be  placed  upon  all  build¬ 
ings  within  the  corporate  limits  of  the  City  of  Oakland  within  90 
days  after  the  passage  of  this  ordinance,  and  the  proper  number  of 
the  entrance  to  any  building  which  may  hereafter  be  erected  within 
the  city  limits  shall  be  placed  thereon  within  two  weeks  after  the 
said  building  shall  have  been  completed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  June  11,  1877.  Vol.  2,  p.  550.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


/ 


285 


ORDINANCE  NO.  784. 


AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDINANCE  EN¬ 
TITLED  “AN  ORDINANCE  PROVIDING  FOR  THE  NUMBER¬ 
ING  OF  BUILDINGS  IN  THE  CITY  OF  OAKLAND,”  APPROVED 
DECEMBER  2,  1872. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  In  that  section  of  the  city  lying  between  Park  avenue 
and  the  easterly  shore  of  San  Antonio  creek,  Park  avenue  shall  oe 
the  initial  point  for  numbering  all  streets  running  westerly  there¬ 
from,  and  fifty  numbers  shall  be  allotted  to  each  block. 

Section  2.  Streets  running  parallel  with  Park  avenue  and  lying 
westerly  therefrom  shall  have  the  Ehcinal  line  for  the  initial  point 
for  numbering,  and  one  hundred  numbers  shall  be  allotted  to  each 

block. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 

approval. 

(Approved  August  22,  1878.  Vol.  2,  p.  658.) 


ORDINANCE  NO.  1033. 


AN  ORDINANCE  CONCERNING  THE  NUMBERING  OB''  BUILD¬ 
INGS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  All  buildings  fronting  upon  public  streets  or  avenues 
in  the  City  of  Oakland  shall  be  numbered  with  plain  figures  not  less 
than  two  inches  in  height,  within  thirty  days  after  completion  or 
occupancy  thereof. 

Section  2.  All  houses  must  be  numbered  at  the  owner’s  expense. 
In  cases  where  the  owner  of  the  building  is  a  non-resident  or  cannot 
readily  be  found,  his  or  her  agent  is  hereby  authorized  to  cause  said 
building  to  be  numbered. 

Section  3.  It  shall  be  the  duty  of  the  Superintendent  of  Streets 
of  the  City  of  Oakland,  to  notify  the  owner  or  agent  of  each  and 
every  building  hereafter  to  be  erected  of  the  number  or  numbers 
thereto  belonging  and  of  the  other  provisions  of  this  ordinance. 

(Amendment  approved  March  2,  1896.  ,  Vol.  5,  p.  36.) 

Section  4.  In  cases  where  a  house  remains  unnumbered,  or  where 
a  house  may  have  been  numbered  and  the  numbers  since  lost,  de- 


286 


GENERAL  MUNICIPAL  ORDINANCES 


troyed  or  defaced  so  as  to  be  illegible,  it  shall  be  the  duty  of  the  City 
Numberer  to  notify  the  owner  or  agent,  who  shall  cause  said  house 
to  be  numbered  within  thirty  days  after  said  notification. 

Section  5.  In  cases  where  incorrect  numbers  have  been  placed 
and  remain  or  shall  hereafter  be  placed  on  any  house,  the  owner  or 
agent  thereof  shall  be  notified  of  the  error  and  of  the  correct  number, 
by  the  Superintendent  of  Streets,  and  the  owner  or  agent  shall  change 
or  cause  to  be  changed  said  number  or  numbers,  in  accordance  therein 
within  thirty  days  from  said  notification.  (Amendment  approved 
March  2,  1896.  Vol.  5,  p.  36.) 

Section  6.  The  regulation  city  number  shall  consist  of  twro-lncn 
metal  figures,  unless  the  owner  or  agent  wishes  the  equivalent  or 
something  superior  thereto. 

Section  7.  The  Superintendent  of  Streets  is  hereby  authorized 
and  empowered  to  collect  a  fee  of  fifty  (50)  cents  for  information 
furnished  to  any  owner  or  agent  of-  buildings  concerning  numbers. 
A  record  of  said  fees  shall  be  kept  by  the  Superintendent  of  Streets, 
and  a  report  made  by  him  monthly  to  the  Board  of  Public  Works: 
said  fees  to  be  paid  into  the  City  Treasury  on  the  first  day  of  each 
and  every  month,  and  the  names  of  persons  refusing  or  neglecting  to 
pay  shall  be  reported  to  the  Board  of  Public  Works  in  the  monthly 
report  made  by  the  Superintendent  of  Streets.  (Amendment  ap¬ 
proved  March  2,  1896.  Vol.  5,  p.  36.) 

Section  8.  (Repealed  by  Ordinance  No.  1709,  approved  Nov.  25, 
1895.  Vol.  5,  p.  5.) 

Section  9.  It  is  hereby  declared  unlawful  for  any  person  to  re¬ 
fuse  or  neglect  to  comply  with  any  of  the  provisions  of  this  ordinance. 

Section  10.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  a  sum  not  exceeding  ten  ($10)  dollars, 
and  in  case  said  fine  be  not  paid  then  the  person  or  persons  so  fined 
may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the 
rate  of  one  day  for  each  two  ($2)  dollars  of  the  fine  so  imposed. 

Section  11.  All  ordinances  or  parts  of  ordinances  inconsistent  with 
this  ordinance  are  hereby  repealed. 

Section  12.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  February  8,  1S88.  Vol.  3,  p.  268.) 


ORDINANCE  NO.  1396. 


AN  ORDINANCE  IN  RELATION  TO  THE  NUMBERING  OF  BUILD¬ 
INGS  IN  THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL, 


287 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  the  initial  numbers  on  streets  crossing  Oakland 
avenue  be  as  follows: 

Initial  number  2,  Twenty-fourth  street. 

Initial  number  150,  junction  of  Orange  street. 

Initial  number  250,  Pearl  street. 

Initial  number  350,  Moss  avenue. 

Initial  number  400,  Santa  Clara  avenue. 

Section  2.  That  the  initial  numbers  on  streets  crossing  Vernon 
avenue  be  as  follows: 

Initial  number  2,  Twenty-fourth  street. 

Initial  number  150,  (Old)  Oakland  avenue. 

Initial  number  250,  Perry  street. 

Initial  number  300,  Moss  avenue. 

Initial  number  400,  Santa  Rosa  avenue. 

Section  3.  That  the  initial  numbers  on  streets  crossing  Plymouth 
avenue  be  as  follows: 

Initial  number  350,  Broadway. 

Initial  number  400,  Academy  place. 

Initial  number  450,  Andover  street. 

Initial  number  476,  Elm  street. 

Section  4.  That  the  initial  numbers  on  streets  crossing  Edward 
street  be  as  follows: 

Initial  number  350,  Broadway. 

Initial  number  400,  Academy  place. 

Initial  number  450,  Andover  street. 

Initial  number  476,  Elm  street. 

Section  5.  That  the  odd  numbers  be  placed  on  south  side  and 
west  side  of  streets,  and  even  numbers  be  placed  on  the  north  side 
and  east  side  of  the  street. 

Section  6.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  January  25,  1892.  Vol.  4,  p.  76.) 


ORDINANCE  NO.  1568. 

AN  ORDINANCE  IN  RELATION  TO  THE  RENUMBERING  OF 
BUILDINGS  ON  PARK  AVENUE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


288 


GENERAL  MUNICIPAL 


•  >  r 

>•,  *  / . 

ORDINANCES 


Section  1.  That  the  initial  number  on  the  westerly  side  of  Park 
avenue,  at  the  commencement  of  blocks,  be  as  follows: 


Park  street  at  Alameda  bridge .  1 

Ford  street . 101 

Canal  street . 201 

Shasta  avenue . 301 

Frederick  street . 401 

Dennison  street . 501 

Railroad  avenue . 601 


Section  2.  That  the  initial  number  on  the  easterly  side  of  Park 
avenue,  at  the  commencement  of  blocks,  be  as  follows: 


Park  street .  2 

Valdez  street . .  .  ..100 

Chapman  street  . . 150 

Boehmer  street . 200 

Warder  street . 250 

East  Ninth  street . 300 

East  Tenth  street . 400 

East  Eleventh  street . 500 

Blank  street . ..550 

Railroad  avenue . 600 


Section  3.  That  the  odd  numbers  be  placed  on  the  westerly  side 
of  Park  avenue  and  the  even  numbers  be  placed  on  the  easterly  side 
of  Park  avenue. 

Section  4.  That  the  cost  of  renumbering  Park  avenue  shall  not  ex¬ 
ceed  the  sum  of  twelve  dollars  and  fifty  cents  ($12.50). 


Section  5.  That  all  ordiances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  are  hereby  repealed. 

Section  6.  That  this  ordinance  shall  take  effect  immediately  upon 
its  approval. 

(Approved  October  21,  1893.  Vol.  4,  p.  483.) 


ORDINANCE  NO.  1623. 


AN  ORDINANCE  IN  RELATION  TO  THE  RENUMBERING  OF 
BUILDINGS  ON  TELEGRAPH  AVENUE,  SAN  PABLO  AVE¬ 
NUE  AND  VALLEY  STREET. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  That  the  initial  numbers  on  the  westerly  side  of  San 
Pablo  avenue  at  the  southerly  commencement  of  blocks  be  as  fol¬ 
lows: 


'  1 


OF  THE  CITY  OF  OAKLAND,  CAL. 


289 


Fourteenth  street .  1 

Fifteenth  street . 101 

Sixteenth  street . 201 

Seventeenth  street' . 301 

Eighteenth  street . 401 

Nineteenth  or  Curve  street . 501 

Twentieth  street . 601 

Twenty-first  street . 701 

Twenty-second  street . 801 

Brush  street . 825 

Isabella  street . 90l 

-  street . 1001 

Milton  or  Twenty-fifth  street . 1101 

Twenty-sixth  street . 1201 

Twenty-eighth  street . ..1401 

Market  street . 1501 

Thirtieth  street . 1601 

Myrtle  street . 1701 

Thirty-second  street . , . 1801 

Filbert  street . 1825 

Thirty-fourth  street . 2001 

Thirty-fifth  street . 2101 

Section  2.  That  the  initial  number  on  the  easterly  side  of  San 
Pablo  avenue,  at  the  southerly  commencement  of  blocks,  be  as  fol¬ 
lows: 

Fourteenth  street . 2 

Sixteenth  street . 20u 

Seventeenth  street . 300 

Eighteenth  street . 400 

Nineteenth  or  Frederick  street . 500 

Williams  street . 550 

Twentieth  or  Delger  street . 600 

Twenty-first  or  Hobart  street . 700 

Jones  street . 750 

Twenty-second  or  Charter  street . 800 

Twenty-third  or  Locust  street . 900 

Twenty-fourth  or  Elm  street . 1000 

Twenty-fifth  or  Laurel  street . 1100 

Sycamore  street . 1150 

Twrenty-sixth  street . 1200 

Twenty-seventh  street . 1300 

Twenty-eighth  street . 1400 

Twenty-ninth  street . 1500 

Thirtieth  street . •  ••1600 

Thirty-first  street . '•  •  ••1700 

Thirty-second  street . ..1800 

Brockhurst  street . 1850 

Thirty- third  street . .  ••  . . 1900 


290  GENERAL  MUNICIPAL  ORDINANCES 

Thirty-fourth  street . .  •  .2000 

- - - street . 2100 

Section  3.  That  the  initial  number  on  the  westerly  side  of  Valley 
street  at  the  southerly  commencement  of  blocks  be  as  follows: 

Twenty-second  street .  1 

Twenty-third  street . 101 

Section  4.  That  the  initial  number  on  the  easterly  side  of  Valley 
street  at  the  southerly  commencement  of  blocks  be  as  follows: 

Twenty-second  street .  2 

Twenty-third  street . •  ..100 

Section  5.  That  the  initial  numbers  on  the  westerly  side  of  Tele* 
graph  avenue  at  the  southerly  commencement  of  blocks  be  as  fol¬ 
lows: 

Sixteenth  street .  1 

Seventeenth  street . 101 

Eighteenth  street . 201 

Nineteenth  or  Frederick  street . 301 

Williams  street . 351 

Twentieth  or  Delger  street . 401 

Twenty-first  or  Hobart  street . 501 

Jones  street . 551 

Twenty-second  or  Charter  street . 601 

Simpson  avenue  or  Twenty-third  street . 701 

Twenty-fourth  or  Elm  street . 801 

Twenty-fifth  or  Laurel  street . 901 

Sycamore  street . 1001 

Knox  street . 1101 

Albion  street . 1201 

Caledonia  street . 1301 

Thirtieth  street . 1401 

Thirty-first  street . 1501 

Thirty-second  street . 1601 

Thirty-third  street . 1701 

Thirty-fourth  street . 1801 

Thirty-fifth  street . 1901 

Section  6.  That  the  initial  numbers  on  the  easterly  side  of  Tele¬ 
graph  avenue  at  the  southerly  commencement  of  blocks  be  as  fol¬ 
lows: 

Junction  of  Telegraph  avenue  and  Broadway .  2 

Birnie  or  Seventeenth  street  . .  . . 100 

Nineteenth  or  Durant  street . 300 

Twentieth  or  Delger  street . 400 

Twenty-first  or  Hobart  street . 500 

Twenty-second  or  Walnut  street . 600 

Twenty- third  or  Locust  street . 700 

Twenty-fourth  or  Elm  street . 800 

Twenty-fifth  or  Laurel  street . 900 


291 


OF  THE  CITY  OF  OAKLAND,  CAI 


Twenty-sixth  or  Bay  street . 1000 

Merrimac  street . 1200 

Prospect  street . 1300 

Orchard  street . 1400 

Hawthorne  street . 1500 

Plymouth  street . 1800 

Edwards  street . 1900 


Section  7.  That  the  odd  numbers  be  placed  on  the  westerly  side 
of  San  Pablo  avenue.  Telegraph  avenue  and  Valley  street,  and  the 
even  numbers  be  placed  on  the  easterly  side  of  the  above-named  ave¬ 
nues  and  streets. 

Section  8.  That  no  fee  shall  be  charged  by  the  Superintendent 
of  Streets  for  information  furnished  by  him  concerning  the  number 
or  numbers  belonging  to  any  entrance  or  entrances  to  any  building. 
(Amendment  approved  Nov.  25,  1895.  Vol.  5,  p.  5.) 

Section  9.  That  the  cost  of  renumbering  the  above-named  ave¬ 
nues  and  streets  shall  not  exceed  the  sum  of  twenty-three  dollars 
($23.) 

Section  10.  Any  and  all  ordinances  and  any  and  all  parts  of 
ordinances  inconsistent  with  this  ordinance  are  hereby  repealed. 

Section  11.  This  ordiance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  August  15,  1894.  Vol.  4,  p.  590.)  . 


ORDINANCE  NO.  1725. 


AN  ORDINANCE  RELATING  TO  THE  NUMBERING  OF  BUILD¬ 
INGS  IN  THE  CITY  OF  OAKLAND  IN  THE  TERRITORY 
BOUNDED  ON  THE  NORTH  BY  THE  CHARTER  LINE,  ON  THE 
EAST  BY  PLEASANT  VALLEY  ROAD,  ON  THE  SOUTH  BY 
LAKE  MERRITT,  ON  THE  WEST  BY  THE  EASTERLY  LINE 
OF  CEMETERY  CREEK. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  initial  number  on  the  westerly  line  of  Oakland  ave¬ 
nue  at  the  commencement  of  blocks  is  hereby  fixed  as  follows: 


Bay  place .  1 

Hamilton  place . 101 

Junction  Walsworth . 201 

Pearl . 40 1 

Moss . 501 

Santa  Clara . 551 

Santa  Rosa . 601 


292 


GENERAL  MUNICIPAL  ORDINANCES 


Section  2.  The  initial  number  on  the  easterly  line  of  Oakland  ave¬ 
nue  at  the  commencement  of  blocks  is  hereby  fixed  as  follows: 


Bay  place .  2 

Opposite  Hamilton  place . 100 

Orange  avenue . .  .  200 

Morrison  place . 400 

Perry . 450 

Moss . 500 

Santa  Clara . 550 

Santa  Rosa . 600 


Section  3.  Streets  or  avenues  running  parallel  with  Oakland  ave¬ 
nue  shall  be  numbered  to  correspond  with  the  numbers  on  Oakland 
avenue. 

Section  4.  The  initial  number  on  the  northeast  corner  of  streets 
beginning  at,  or  crossing  Oakland  avenue  and  running  in  an  easterly 
direction  shall  be  east  2. 

The  initial  number  on  the  southeast  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  an  easterly  direction 
shall  be  east  1. 

The  initial  number  on  the  northwest  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  a  westerly  direction, 
shall  be  west  2. 

The  initial  number  of  the  southwest  corner  of  streets  beginning 
at,  or  crossing  Oakland  avenue  and  running  in  a  westerly  direction, 
shall  be  west  1. 

Section  5.  Fifty  numbers  shall  be  allowed  between  Oakland  ave¬ 
nue  and  Walsworth  avenue,  and  fifty  numbers  between  Walsworth 
avenue  and  Fairmount  avenue. 

One  hundred  numbers  shall  be  allowed  between  Oakland  avenue 
and  Vernon  street,  and  one  hundred  numbers  to  each  block  east  to 
Pleasant  Valley  road. 

Section  6.  The  initial  number  on  Vernon  street  at  the  northeast 
corner  of  Perry  street  shall  be  450,  northwest  corner  451. 

The  initial  number  on  Chetwood,  Summer,  Crescent  and  Winter 
streets,  at  the  northeast  corner  of  Perry  street,  shall  be  400,  north¬ 
west  corner  401. 

Fifty  numbers  shall  be  allowed  on  Vernom  street,  between  Perry 
street  and  Moss  avenue,  and  one  hundred  numbers  to  the  other  streets 
between  Perry  street  and  Moss  avenue. 

Section  7.  Streets  running  in  the  same  direction  as  .  Perry  street, 
between  Oakland  avenue  on  the  west  and  the  boulevard  on  the  east, 
shall  be  numbered  to  correspond  with  Perry  street. 

Siection  S'.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

Section  9.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

(Approved  January  24,  1896.  Vol.  5,  p.  24.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


293 


ORDINANCE  NO.  2010. 


AN  ORDINANCE  PROVIDING  FOR  THE  NUMBERING  OF  BUILD¬ 
INGS  IN  THAT  PORTION  OF  THE  CITY  OF  OAKLAND  AN¬ 
NEXED  THERETO,  PURSUANT  TO  AN  ELECTION  HELD 

JUNE  10,  1897. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  buildings  in  that  portion  of  the  City  of  Oakland  an¬ 
nexed  thereto,  pursuant  to  an  election  held  June  10,  1897,  shall  be  num¬ 
bered  as  follows: 

On  all  streets,  the  numbers  on  the  northerly  and  easterly  sides 
thereof  shall  be  even  numbers,  and  *on  the  southerly  an/d  westerly 
sides  thereof  shall  be  odd  numbers. 

Section  2.  Buildings  on  streets  running  northerly  and  southerly 
shall  be  numbered  in  the  hundreds  in  conformity,  as  far  as  practicable, 
with  the  numbers  of  the  streets  running  easterly  and  westerly. 

Section  3.  The  initial  numbers  at  Thirty- sixth  street,  on  Tele¬ 
graph  avenue,  Grove  street,  West  street,  Market  street,  Adeline  street, 
Linden  street  and  San  Pablo  avenue  shall  be  3600;  and  the  numbers 
shall  increase  at  the  rate  of  100  to  the  block,  to  conform  with  the 
numbers  of  cross  streets;  except  where  more  than  one  block  inter¬ 
venes  between  numbered  streets,  in  which  case  50  numbers  shall  be 
allowed  for  each  block. 

The  initial  numbers  on  Broadway,  Howe  street,  Piedmont  avenue 
and  all  streets  running  about  parallel  therewith  (east  of  Telegraph 
avenue  and  south  of  Fifty-first  street)  shall  be  at  West  Moss  avenue 
3750,  at  Thirty-eighth  street  3800,  at  Fortieth  street  4000,  at  Forty- 
first  street  4100,  at  Eleth  avenue  4125,  at  Linda  avenue  4175,  at  How¬ 
ard  street  4200,  at  John  street  and  Echo  street  4300,  at  Mather  street 
and  Pleasant  Valley  avenue  4400. 

In  the  territory  between  Thirty-sixth  street  and  Temescal  creek, 
west  of  Telegraph  avenue,  on  streets  running  easterly  and  westerly, 
the  initial  number  at  Telegraph  avenue  shall  be  500.  At  Grove  street 
650,  at  West  street  800,  at  Lusk  street  840,  at  Market  street  900,  at 
Linden  street  950,  and  at  San  Pablo  avenue  1100. 

North  of  Temescal  creek  and  west  of  Telegraph  avenue  tne  initial 
number  on  streets  running  easterly  and  westerly  shall  be  at  Tele¬ 
graph  avenue  500,  at  Racine  street  550,  at  Shattuck  avenue  600,  at 
Maccall  street  665,  at  Dover  street  700,  at  Grove  street  800,  at  Genoa 
street  850,  at  Market  and  Occidental  streets  900,  at  Lowell  street  950, 
at  Los  Angeles  street  and  Baker  street  1000,  at  Idaho  street  1025,  at 
Park  street  1050,  at  Herzog  street  1075,  at  Salem  street  and  Helen 
street  1090,  at  San  Pablo  avenue  1100,  at  Marshall  street  1150,  at 
Fremont  street  1200,  at  Vallejo  street  1250. 

Section  4.  On  streets  east  of  Telegraph  avenue,  running  easterly 


294 


GENERAL  MUNICIPAL  ORDINANCES 


and  westerly,  the  initial  numbers  shall  be,  at  Claremont  avenue  500r 
at.  Miles  avenue,  Pearl  and  Maple  streets  475,  at  Locksley  avenue, 
Ruby  and  Cherry  streets  450,  at  Gold  street  and  Shatter  avenue  425, 
at  Silver  street  and  Lawton  avenue  400,  at  Opal  street  375,  at  Diamond 
street  and  Manila  avenue  350,  at  Emerald  and  Desmond  streets  325,  at 
Broadway  300,  at  Terrace  street  275,  at  Cerrito  street  and  Gilbert 
street  250,  at  View  street  225,  at  Montgomery  street  200,  at  Howe 
street  175,  and  at  Piedmont  avenue  150,  at  Richmond  avenue  100. 

Section  5.  The  initial  numbers  on  the  easterly  line  of  Oakland 
aveniue  at  Santa  Rosa  shall  be  600  at  Mariposa  avenue  700,  at  Monte 
Vista  avenue  750. 

On  the  westerly  line  of  Oakland  avenue  the  initial  number  shall 
be  at  East  Moss  avenue  551,  at  Bayo  Vista  avenue  651,  at  Monte  Vista 
avenue  751. 

Buildings  on  streets  and  avenues  running  parallel  or  thereabouts 
with  Oakland  avenue,  shall  be  numbered  to  correspond  with  the 
numbers  on  Oakland  avenue. 

Section  6.  The  initial  number  for  buildings  east  of  Cemetery 
creek,  on  Bayo  Vista  avenue,  Santa  Rosa  avenue,  Moss  avenue,  Santa 
Clara  avenue,  Perry  street,  Pearl  street,  Euclid  avenue, 

Perkins  street,  and  on  all  streets  running  in  the  same 

general  direction  as  said  streets,  shall  be  50  at  Fairmount  avenue,  100 
at  Walsworth  avenue,  150  at  Oakland  avenue,  175  at  Orange  street 
and  Mariposa  street,  200  at  Vernon  street,  250  at  Adams  street  and 
Chetwood  street,  275  at  Jayne  avenue  and  Jean  street,  300  at  War¬ 
wick  avenue  and  Summer  street,  and  350  at  Palm  avenue  and  Cres¬ 
cent  street,  400  at  Van  Buren  avenue,  and  450  at  Pleasant  Valley  ave¬ 
nue. 

Section  7.  The  initial  numbers  for  buildings  on  Claremount  ave¬ 
nue  shall  be  number  1  at  Telegraph  avenue,  100  at  Vincent  street  and 
Summer  street,  150  at  Sutter  street,  175  at  Clifton  street,  200  at 
Miranda  street,  225  at  Harvey  street,  250  at  Hudson  street,  275  at  Mar¬ 
tin  street,  300  at  Forrest  and  Colby  streets,  350  at  Vernon  avenue,  400 
at  Moulton  street,  and  500  at  College  avenue. 

On  Miles  avenue,  Locksley  avenue  and  Shatter  avenue,  Lawton 
avenue  and  Manila  avenue,  Desmond  street,  College  avenue  and 
(Broadway,  north  of  Fifty-first  street)  the  numbers  shall  begin  with 
100  at  Fifty-first  street,  125  at  Summer  street,  175  at  Clifton  street, 
225  at  Hardy  street,  250  at  Hudson  street  and  300  at  Forrest  street. 

Section  8.  North  of  and  including  Fifty-eighth  street,  east  or 
Telegraph  avenue,  the  initial  numbers  shall  be  at  Telegraph  avenue 
500,  at  Canning  street  450,  at  Spring  street,  School  street  and  Dana 
street  400,  at  Colby  street  350,  at  Choate  street  300,  at  Moulton  street 
250,  and  at  Bowditch  street  200. 

On  Fifty-fifth  and  Fifty- sixth  streets,  between  Vincent  street  and 
Telegraph  avenue,  the  numbers  shall  run  from  450  at  Vincent  street 
to  500  at  Telegraph  avenue,  and  from  400  to  450  between  Claremont 
avenue  and  Vincent  street. 

Section  9.  Ayala  street,  between  Fifty-sixth  street  and  Forrest 


V 


OF  THE  CITY  OF  OAKLAND,  CAL. 


295 


street,  produced,  shall  be  numbered,  beginning-  with  150  at  Fifty-sixth 
street,  200  at  Miranda  street,  250  at  Hermann  street,  and  275  at  Mar¬ 
tin  street. 

Section  10.  Buildings  on  Vincent  street  shall  conform  with  num¬ 
bers  on  corresponding  buildings  on  Telegraph  avenue. 

Section  11.  No  fee  shall  be  charged  by  the  City  Numberer  for 
furnishing  information  concerning  numbers  of  buildings. 

Section  12.  All  buildings  in  the  annexed  territory  shall  be  per¬ 
manently  numbered  by  the  owner,  agent  or  occupant  of  said  build¬ 
ings,  at  their  expense,  within  thirty  days  after  notice  by  the  City 
Numberer,  which  notice  shall  give  the  official  number. 

Section  13.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  14.'  Every  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  pay  a  fine  not  to  exceed  ten  dollars,  and  in  case  such  fine  be 
not  paid,  then  the  person  so  fined  shall  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  every  two 
dollars  of  the  fine  so  imposed. 

Section  15.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  25,  1899.  Vol.  5,  p.  419.) 


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296 


GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER  XI. 

ORDINANCES  REGULATING  STREET  AND  STEAM  RAILROADS. 


ORDINANCE  NO.  1333. 


AN  ORDINANCE  TO  REGULATE  THE  QUALITY,  *  MANNER  OF 

LAYING,  REMOVAL  AND  RELAYING  OF  STREET  RAILROAD 

TRACKS  IN  PUBLIC  STREETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  tracks  hereafter  to  be  laid  for  any  street  iailroad 
in  the  City  of  Oakland  shall  be  constructed  of  standard  rails  of  the 
most  approved  pattern,  and  in  a  good  and  substantial  manner,  and 
so  as  to  present  the  least  possible  obstruction  to  travel  and  the  cross¬ 
ing  of  vehicles.  All  rails  heretofore  in  use  and  which  do  not  conform 
to  the  foregoing  provisions,  when  removed  for  any  other  purpose  than 
for  ordinary  repair  of  roadbed,  stringers  or  ties,  shall  be  replaced  by 
those  conforming  to  said  provisions  hereof. 

Section  2.  No  track  in  use  by  any  street  railroad  shall  be  taken 
up  or  removed  to  another  part  of  the  same  street,  or  elsewhere,  for 
temporary  purposes  or  otherwise,  without  permission  of  the  Board  of 
Public  Works. 

Whenever  any  such  track  is  taken  up  for  temporary  purposes,  it 
shall  be  replaced  promptly  and  with  as  little  obstruction  to  travel  as 
possible. 

Whenever  any  track  is  taken  up  for  abandonment  of  its  use,  the 
owners  of  such  street  railroad  shall  promptly  remove  such  track  and 
repave  that  portion  of  the  street  formerly  used  by  its  tracks  between 
the  rails  and  for  two  feet  each  side  thereof.  Such  repavement  and  all 
paving  required  by  this  ordinance  shall  be  done  with  similar  material 
and  of  as  good  quality  as  the  adjacent  roadway,  shall  be  done  in  ac¬ 
cordance  with  the  general  specifications  provided  by  ordinance  for 
similar  street  work. 

Whenever  the  grade  of  any  street  is  changed,  upon  which  street 
any  street  railroad  track  is  laid,  such  track  shall  be  promptly  relaid  to 
conform  to  the  change  of  grade. 

All  work  hereinbefore  referred  to  in  this  ordinance  shall  be  done 


297 


\ 


OF  THE?  CITY  OF  OAKLAND.  CAL. 


promptly,  in  a  good,  substantial  and  workmanlike  manner,  under  tire 
supervision  and  to  the  satisfaction  and  approval  of  the  Board  of  Pub¬ 
lic  Works. 

Section  3.  No  owner  or  any  superintendent  or  other  officer  of 
any  corporation  or  association,  owning  or  operating  any  street  rail¬ 
road  in  the  City  of  Oakland,  shall  cause  or  knowingly  allow  any  work 
to  be  done  or  omitted  in  violation  of  any  provision  of  this  ordinance. 

Section  4.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ishel  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  sucn 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  700.) 


ORDINANCE  No.  1928. 


AN  ORDINANCE  DECLARING  CERTAIN  CONDITIONS  AND 
THINGS  IN  CONNECTION  WITH  THE  CONSTRUCTION  AND 
MAINTENANCE  OF  STREET  RAILROAD  TRACKS  TO  BE 
PUBLIC  NUISANCE'S;  AUTHORIZING  THE  ABATEMENT  OF 
SUCH  NUISANCES,  AND  PROVIDING  A  PENALTY  FOR  EACH 
DAY’S  MAINTENANCE  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  street  car  tracks  now,  or  hereafter  constructed  in 
or  upon  any  public  street  within  the  City  of  Oakland,  upon  any  grade 
other  than  the  official  grade  of  such  street,  is  hereby  declared  to  con¬ 
stitute.  and  shall  constitute,  a  public  nuisance. 

Section  2.  All  street  car  tracks  now,  or  hereafter  constructed,  In 
or  upon  any  public  street  within  the  City  of  Oakland,  which  shall 
not  be  flush  with  the  street  between  the  rails,  and  for  two  feet  on 
each  side  of  such  rails,  and  between  the  tracks,  if  there  be  more 
than  one,  is  hereby  declared  to  constitute,  and  shall  constitute  a  public 
niitsancd. 

Section  3.  In  all  cases  where  a  public  street  within  the  City  of 
Oakland  is  now,  or  shall  be  hereafter,  paved  with  bitumen,  asphalt  or 
wooden  blocks,  that  portion  of  such  street  to  be  kept  in  order  or 
repair  by  any  street  railroad  having  a  track,  or  tracks,  thereon,  shall 
not  be  macadamized,  or  re-macadamized,  and  any  macadam  thereon 
used  as  a  surface  dressing  between  the  rails  of  such  street  railroad, 


/ 


2gS 


GENERAL  MUNICIPAL  ORDINANCES 


or  within  two  feet  on  each  side  of  said  rails,  or  between  the  tracks, 
if  there  be  more  than  one,  is  hereby  declared  to  constitute,  and  shall 
constitute  a  public  nuisance. 

Section  4.  The  Superintendent  of  Streets  is  hereby  authorized  to 
abate  all  public  nuisances,  declared  to  be  such  by  the  provisions  of  this 
ordinance,  by  removing  the  same. 

Section  5.  Any  person,  firm  or  corporation  maintaining  any  public 
nuisance,  declared  to  be  such  by  the  provisions  of  this  ordinance,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  ($100.00)  dollars,  and  in  case 
such  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Prison  at  the 
rate  of  one  (1)  day  for  each  two  ($2.00)  dollars  of  the  fine  so  imposed 
and  remaining  unpaid. 

Section  6.  Each  day’s  maintenance  of  any  public  nuisance  declared 
to  be  such  by  the  provisions  of  this  ordinance,  shall  be  a  separate 
offense  and  shall  be  punishable  as  such. 

Section  7.  All  parts  of  any  ordinance  in  direct  conflict  with  any 
valid  provision  of  this  ordinance  is  hereby  repealed. 

Section  S'.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.  Vol.  5,  p.  302.) 


ORDINANCE  No.  1929. 


AN  ORDINANCE  SPECIFYING  WHAT  KIND  OF  PAVEMENT 
SHALL  BE  USED  IN  CERTAIN  CASES  IN  PAVING  THAT  POR¬ 
TION  OF  A  PUBLIC  STREET  TO  BE  KEPT  IN  ORDER  OR  RE¬ 
PAIR  BY  STREET  RAILROADS  HAVING  TRACKS  THEREON, 
AND  PROVIDING  A  PENALTY  FOR  A  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  In  all  cases  where  a  public  street  within  the  City  of 
Oakland  is  now,  or  shall  be  hereafter,  paved  with  bitumen,  asphalt  or 
wooden  blocks,  that  portion  of  such  street  to  be  kept  in  order  or  repair 
by  any  street  railroad  having  a  track,  or  tracks  thereon,  shall  be  paved 
with  the  same  pavement  as  the  other  portion  of  the  street. 

Section  2.  The  laying  of  said  pavement  upon  such  portion  of  such 
street  shall  be  commenced  within  five  (5)  days  after  the  passage  of 
this  ordinance  in  cases  where  the  remainder  in  width  of  such  street 
Js  paved  with  such  pavement  at  the  said  passage;  and  in  all  other  cases 
shall  be  commenced  withing  ten  (10)  days  after  the  completion  and 
acceptance  by  the  Superintendent  of  Streets  of  the  pavement  upon  said 
remainder  in  width  of  such  street. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


299 


Section  3.  The  provisions  of  this  ordinance  shall  apply  to  all  ex¬ 
isting  franchises  and  all  franchises  hereafter  granted,  but  shall  not 
apply  to  Broadway  or  Washington  streets,  or  to  Fourteenth  street  be¬ 
tween  Broadway  and  Washington  streets. 

Section  4.  Any  person,  firm  or  corporation  attempting  to  violate 
any  provision  of  this  ordinance,  and  any  person,  firm  or  corporation 
maintaining  any  street  railroad,  or  street  railroad  tracks,  in  violation 
of  the  provisions  of  this  ordinance,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  to  exceed 
one  hundred  ($100.00)  dollars,  and  in  case  such  fine  be  not  paid,  snail 
be  imprisoned  in  the  City  Prison  at  the  rate  of  one  (1)  day  for  each 
two  ($2.00)  dollars  of  the  fine  so  imposed  or  remaining  unpaid. 

Section  5.  Ehch  day’s  failure,  neglect  or  refusal  to  pave  such  por¬ 
tion  of  said  street  with  one  of  said  three  kinds  of  pavement  as  pro¬ 
vided  in  this  ordinance,  shall  be  a  separate  offense,  and  shall  be  pun¬ 
ishable  as  such. 

Section  6.  All  parts  of  any  ordinance  in  direct  conflict  with  any 
valid  provision  of  this  ordinance  is  hereby  repealed. 

Section  7.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  31,  1898.  Vol.  5,  p.  305.) 


ORDINANCE  NO.  1865. 


AN  ORDINANCE  REQUIRING  ALL  PERSONS,  COMPANIES  AND 
CORPORATIONS  OPERATING  STREET  CARS  PROPELLED  BY 
ELECTRICITY  OR  CABLE,  WITHIN  THE  CITY  OF  OAKLAND, 
TO  KEEP  TWO  (2)  MEN  ON  EACH  CAR  WHILE  SUCH  CAR  IS 
IN  MOTION,  CONTAINING  PASSENGERS,  FOR  THE  PURPOSE 
OF  OPERATING  AND  CONTROLLING  THE  SAME. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  person,  company  and  corporation,  operating  street 
cars  within  the  City  of  Oakland  by  means  of  electricity  or  cable,  shall 
provide  and  maintain  upon  each  of  such  cars,  while  containing  passen¬ 
gers,  at  least  two  (2)  employes,  to-wit:  a  motorman,  or  gripman,  as 
the  case  may  be,  and  a  conductor,  during  all  the  time  said  car  is  in 
motion  within  said  city,  each  of  said  employes  to  be  an  adult  not  less 
than  eighteen  (18)  years  of  age.  (Amendment  approved  Marcn  23, 
1898.  Vol.  5,  p.  252.) 

Section  2.  Any  person,  company  or  corporation  violating  any  of 
the  provisions  of  this  ordinance,  or  permitting,  ordering,  authorizing, 
or  directing  a  violation  thereof,  shall  be  deemed  guilty  of  a  misdemeanor, 


300 


GENERAL  MUNICIPAL  ORDINANCES 


and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  to  ex¬ 
ceed  one  hundred  ($100.00  )  dollars,  and  in  case  said  fine  be  not  paid, 
shall  be  imprisoned  in  the  City  Prison  at  the  rate  of  one  (1)  day  for 
each  two  ($2)  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its  ap¬ 
proval. 

(Approved  January  11,  1898.  Vol.  5,  p.  223.) 


ORDINANCE  NO.  1539. 


AN  ORDINANCE  REGULATING  THE  CONTROL  AND  MANAGE¬ 
MENT  OF  STREET  CARS  UPON  THE  PUBLIC  STREETS  OF 

THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  driver, 
engineer,  motorman,  conductor,  or  other  person  having  charge  or 
control  of  any  street  car,  to  cause  or  permit  the  same  to  stop  or  re¬ 
main  upon  any  public  street  crossing  within  the  fire  limits  of  the 
City  of  Oakland,  County  of  Alameda,  State  of  California,  or  upon 
the  crosswalks  thereof,  so  as  in  any  manner  to'  interfere  with  or  ob¬ 
struct  the  travel  over  such  crossing  or  walk.  (Amendment  approved 
November  27,  1893.  Vol.  4,  p.  504.) 

Section  2.  Any  driver,  engineer,  motorman,  conductor,  or  other 
person,  violating  any  provisions  of  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  to  exceed  one  hundred  dollars,  and  in  case  said  fine 
be  not  paid,  then  the  person  so  fined  shall  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland,  at  the  rate  of  one  day  for  each  two 
dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  19,  1893.  Vol.  4,  p.  446.) 


ORDINANCE  NO.  1542. 


AN  ORDINANCE  REGULATING  THE  MEETING,  PASSING  AND 
CROSSING  OF  STREET  RAILROAD  CARS  WITHIN  THE  FIRE 
LIMITS  OF  THE  CITY  OF  OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


301 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  street  railroad  cars 
meeting-  within  the  fire  limits  of  the  City  of  Oakland  to  pass  each 
other  within  the  intersection  of  any  streets. 

Section  2.  It  is  hereby  declared  unlawful  for  any  street  railroad 
car  to  cross  any  street  railroad  track  within  the  fire  limits  of  the  City 
of  Oakland  whenever  there  is  a  car  upon  the  track  to  be  crossed 
within  the  intersection  of  said  streets. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance,  or  permitting,  ordering,  authorizing,  or 
directing  the  violation  thereof,  is  hereby  declared  to  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
in  a  sum  not  greater  than  tw7o  hundred  and  fifty  ($250)  dollars,  and  in 
case  said  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  such  fine  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

Section  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

(Approved  July  27,  1893.  Vol.  4,  p.  449.) 


ORDINANCE  NO.  1543. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  STREET  CARS 
AT  THE  CROSSING  OF  STREET  RAILROAD  TRACKS  IN  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  motor - 
man,  conductor,  or  other  person,  operating,  controlling  or  having 
charge  of  any  street  railway  car  in  the  City  of  Oakland,  to  cause,  per¬ 
mit  or  allow  the  same  to  pass  over  the  crossing  of  the  track  upon 
which  said  car  may  be  moving,  with  any  other  street  railroad  track 
in  the  said  city  at  the  rate  of  speed  greater  than  three  miles  per 
hour. 

Section  2.  Any  motorman,  conductor,  or  person  violating  any 
of  the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  to  exceed  two  hundred  dollars,  and  in  case  said  fine  be  not  paid, 
then  the  person  so  fined  may  be  imprisoned  in  the  City  Prison  of  the 
City  of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  so  imposed. 


302 


GENERAL  MUNICIPAL  ORDINANCES 


Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  27,  1893.  Vol.  4,  p.  451.) 


ORDINANCE  NO.  1569. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  RAILWAY  EN¬ 
GINES  AND  CARS  PROPELLED  BY  STEAM  IN  THE  CITY  OF 
OAKLAND,  BETWEEN  THE  NORTHERLY  LINE  OF  THE  IN¬ 
TERSECTION  OF  FIRST  AND  WEBSTER  STREETS  AND  THE 
SOUTHERLY  BOUNDARY  LINE  OF  THE  CITY  OF  OAKLAND 
ON  WEBSTER  STREET,  PRODUCED  SOUTHERLY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation,  owning,  operating  or 
controlling  any  railway  engine  or  cars  propelled  by  steam  in  the  City 
of  Oakland,  shall  cause,  allow  or  permit  the  same  to  pass  over,  along 
or  upon  that  portion  of  the  City  of  Oakland  lying  between  the  north¬ 
erly  line  of  the  intersection  of  First  and  Webster  streets,  and  the 
southerly  boundary  line  of  the  City  of  Oakland,  on  Webster  street,  pro¬ 
duced  southerly,  at  a  speed  greater  than  eight  (8)  miles  per  hour. 

Section  2.  Any  person  violating  or  causing  to  be  violated  any 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  five 
hundred  dollars,  and  in  case  the  said  fine  be  not  paid,  then  the  person 
so  fined  shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oak¬ 
land,  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  im¬ 
posed  and  remaining  unpaid. 

Section  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  affer  its  passage  and  approval. 

(Approved  October  21,  1893.  Vol.  4,  p.  490.) 


ORDINANCE  NO.  1574. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  RAILWAY  EN¬ 
GINES  AND  CARS  PROPELLED  BY  STEAM  IN  THE  CITY  OF 
OAKLAND. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


303 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  having  charge  of,  operat¬ 
ing  or  controlling  any  railway  engine  or  cars  propelled  by  steam  in  the 
City  of  Oakland  shall  cause,  permit  or  allow  the  same  to  pass  over, 
along  or  upon  any  of  the  public  streets,  or  highways,  in  the  City  of 
Oakland,  at  a  greater  maximum  speed  than  twenty-two  (22)  miles  per 
hour,  provided  that  upon  Seventh  street  the  maximum  rate  of  speed 
shall  not  be  greater  than  eight  (8)  miles  per  hour  between  the  follow¬ 
ing  streets:  Pine  and  Wood,  Chester  and  Center,  Union  and  Adeline, 
Myrtle  and  West,  Washington  and  Broadway,  Madison  and  Oak;  pro¬ 
vided,  also,  that  at  the  crossing  of  Park  avenue  and  Railroad  avenue 
the  maximum  rate  of  speed  shall  not  exceed  eight  (8)  miles  per  hour; 
but  this  proviso  limiting  the  maximum  rate  of  speed  to  eight  (8) 
miles  per  hour  shall  not  apply  to  trains  which  stop  at  all  stations  as 
such  stations  are  now  located.  And  provided,  further,  that  the  pro¬ 
visions  and  requirements  of  this  ordinance  shall  not  apply  to  that  por¬ 
tion  of  the  City  of  Oakland  which  lies  west  of  the  eastern  shore  line 
of  the  Bay  of  San  Francisco. 

Section  2.  The  maximum  speed  of  any  train  operating  on  Sevemn 
street  in  said  City  of  Oakland  shall  not  be  greater  than  twelve  (12) 
miles  per  hour  between  the  westerly  line  of  Washington  street  and 
the  easterly  line  of  Franklin  street. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  a  sum  not  to  exceed 
five  hundred  ($500)  dollars,  and  in  case  the  fine  be  not  paid,  then  the 
person  so  fined  may  be  imprisoned  ini  the  City  Prison  of  the  City  of 
Oakland  at  the  rate  of  on  day  for  every  two  dollars  of  the  fine  so  im¬ 
posed  and.  remaining  unpaid. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  November  10,  1893.  Vol.  4,  p.  497.) 


ORDINANCE  NO.  1575. 


AN  ORDINANCE  REGULATING  THE  MEETING  AND  PASSING 
OF  STEAM  RAILROAD  TRAINS  WITHIN  A  CERTAIN  POR¬ 
TION  OF  THE  FIRE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  trains  drawn 


304 


GENERAL  MUNICIPAL  ORDINANCES 


or  propelled  by  steam  engines  to  meet  or  pass  each  other  within  that 
portion  of  the  fire  limits  of  the  City  of  Oakland,  described  as  follows, 
to -wit: 

Beginning  at  a  line  drawn  parallel  with  the  east  line  of  Broad¬ 
way  street,  and  located  a  distance  of  one  hundred  (100)  feet  east  of 
said  line  of  Broadway  street,  and  extending  west  to  a  line  drawn 
parallel  to  the  wrest  line  of  Washington  street  and  located  a  distance 
of  one  hundred  (100)  feet  west  of  said  line  of  Washington  street. 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance,  or  permitting,  ordering,  authorizing  or 
allowing  such  violation,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  two  hundred  and  fifty  ($250)  dollars,  and  in  case  said  fine  be 
not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every  two 
dollars  of  said  fine  remaining  unpaid. 

Section  3.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  November  10,  1893.  Vol.  4,  p.  499.) 


ORDINANCE  NO.  1596. 


AN  ORDINANCE  REQUIRING  STREET  CARS  AND  DUMMIES  TO 

BE  PROVIDED  WITH  GUARDS  TO  PREVENT  ACCIDENTS 

AND  REMOVE  OBSTRUCTIONS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  corpora¬ 
tion  operating  cars  for  the  conveyance  of  passengers  within  the  City 
of  Oakland,  propelled  by  means  of  wire  ropes  attached  to  stationary 
engines,  or  by  electricity,  or  compressed  air,  or  horses,  or  mules,  to 
run,  operate  or  use  the  same,  or  permit  or  cause  the  same  to  be  run, 
operated  or  used  unless  each  car  or  dummy  shall  have  a  suitable  buffer 
or  guard  appliance  of  suitable  design  and  construction,  for  the  pur¬ 
pose  of  removing  from  and  clearing  the  track  of  persons  and  obstruc¬ 
tions;  said  buffer  or  guard  shall  be  placed  in  front  of  such  car  or 
dummy  and  attached  to  the  frame  of  the  forward  wheels  or  trucks 
thereof  and  shall  run  at  a  uniform  distance  of  not  more  than  one 
and  one-half  inches  above  the  roadbed  or  rails  over  which  such  car 
runs,  and  shall  be  so  constructed  as  to  prevent  persons  or  objects  on 
the  roadbed  of  said  car  from  being  run  over  or  upon  by  any  such  car 
or  dummy. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


305 


Section  2.  It  shall  be  unlawful  for  any  person,  firm  or  corpora¬ 
tion,  operating  cars  for  the  conveyance  of  passengers,  within  the  City 
of  Oakland,  to  run  or  operate,  or  use  such  cars,  or  permit  or  cause 
the  same  to  be  run,  operated  or  used,  unless  each  car  shall  have  a 
suitable  device,  guard  or  appliance  attached  thereto  and  placed  in 
front  of  the  rear  wheels  or  trucks  of  such  car  and  over  the  rails  on 
which  the  said  car  is  run,  of  such  design  and  consruction  as  will 
remove  from  and  clear  the  rail  or  rails  under  such  car  of  persons  or 
obstructions  falling  or  lying  on  or  across  such  rail  or  rails  and  pre¬ 
vent  such  person  or  obstructions  from  being  run  over  by  the  wheels 
or  trucks  of  such  car.  Such  device,  guard  or  applicance  shall  be  con¬ 
structed  of  iron,  wood  or  other  suitable  material  and  shall  run  at  a 
uniform  height  of  one  inch  above  the  rails  over  which  said  car  is 
operated. 

Section  3.  Within  thirty  days  from  and  after  the  date  of  the 
passage  of  this  ordinance,  all  persons,  firms  and  corporations  owning 
or  operating  cars  for  the  conveyance  of  passengers  within)  said  City 
of  Oakland  shall  adopt  one  or  more  devices  for  attachment  to  their 
cars  or  dummies  for  the  protection  of  life  and  the  prevention  of  acci¬ 
dent,  and  shall,  within  a  further  period  of  ten  days,  file  with  the  Clerk 
of  the  City  Council  a  statement  indicating  and  describing  the  par¬ 
ticular  device  or  devices  adopted  by  such  person,  firm  or  corporation. 
If  such  device  or  devices  are  approved  by  the  said  Council,  then  it 
shall  be  the  duty  of  each  person,  firm  or  corporation  owning  or  oper¬ 
ating  cars  for  the  conveyance  of  passengers  within  the  said  City  of 
Oakland,  within  a  period  of  sixty  days  thereafter,  and  not  later  tnan 
ninety  days  from  and  after  the  adoption  and  approval  of  this  ordi¬ 
nance  to  attach,  or  cause  to  be  attached,  to  each  car  or  dummy,  the 
particular  device  or  devices  adopted  by  such  person,  firm  or  corpora¬ 
tion  and  approved  by  said  Council,  and  to  keep  such  device  or  devices 
constantly  attached  to  their  cars  and  dummies  when  the  same  shall 
be  in  use;  and  thereafter  no  car  or  dummy  shall  be  operated  or  used 
without  such  attachment  or  such  improvement  thereto  as  may  be 
thereafter  adopted  in  such  person,  firm  or  corporation  and  approved 
by  said  Council. 

Section  4.  Any  person,  firm  or  corporation  who  shall  violate 
any  of  the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  to  exceed  $500,  or  by  imprisonment  not  to  exceed  250  days,  or 
by  both  such  fine  and  imprisonment. 

The  continuing  or  maintining  of  any  violation  of  this  ordinance 
shall  be  deemed  a  new  offense  for  each  day  on  which  the  same  is  so 
continued  or  maintained,  and  shall  be  punished  accordingly. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  ninety 
days  after  its  passage  and  approval. 

(Approved  February  23,  1894.  Vol.  4,  p.  529.) 


3°6 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  1654. 


AN  ORDINANCE  REGULATING  THE  BLOWING  OF  LOCOMOTIVE 

ENGINE  WHISTLES  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  engineer  or  other  person  in  charge  of  any  loco¬ 
motive  engine  shall  blow,  or  cause  or  allow  to  be  blown,  any  loco¬ 
motive  whistle  thereon  within  the  limits  of  the  City  of  Oakland,  west 
of  Center  street,  produced  southerly;  thence  northerly  to  Peralta 
street;  thence  northerly  along  Peralta  street  to  the  northern  boundary 
line  of  the  City  of  Oakland,  except  for  necessary  warning  in  case  of 
impending  danger  to  person  or  property. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  and 
not  to  exceed  five  hundred  dollars;  and  in  case  such  fine  be  not  paid, 
then  by  imprisonment  at  the  rate  of  one  day  for  every  two  dollars  of 
the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  December  27,  1894.  Vol.  4,  p.  644.) 


ORDINANCE  NO.  1655. 


AN  ORDINANCE  PROVIDING  FOR  THE  CONSTRUCTION  AND 
MAINTENANCE  OF  GUARD  AND  SAFETY  WIRES  OVER 
TROLLEY  CONDUCTORS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Any  person,  firm  or  corporation,  owning  or  operating 
any  street  railroad  using  electricity  as  a  motive  power  in  the  City  of 
Oakland,  and  moving  cars  thereon,  and  the  current  being  conducted 
for  such  motive  power  by  what  are  generally  termed  trolley  wires  or 
overhead  conductors,  are  hereby  required  to  construct  and  maintain 
guard  or  safety  wires  over  each  trolley  wire  or  overhead  conductor 
so  used.  The  said  guard  or  safety  wires  to  be  of  galvanized  iron,  and 
not  less  than  one  hundred  and  sixty-five  thousandths  (165-1000)  of  an 
inch  in  diameter,  and  shall  be  parallel  to  the  said  trolley  wire,  and 
not  less  than  sixteen  inches  above  the  said  trolley  wire,  and  not  less 
than  eight  inches,  nor  more  than  twelve  (12)  inches  on  each  side  of 


OF  THE  CITY  OF  OAKLAND,  CAL. 


307 


a  line  drawn  from  said  trolley  wire  perpendicular  to  the  plane  passing 
through  the  two  said  guard  wires.  The  said  guard  or  safety  wires 
shall  be  thoroughly  insulated  from  all  current- bearing  conductors  of 
the  said  railroad  motor  circuits,  and  shall  be  at  such  places  as  the 
Eoard  of  Public  Works  may  direct  and  designate. 

Section  2.  Any  person,  designated  in  Section  1  of  this  ordinance, 
refusing  or  neglecting  for  the  period  of  three  months  to  construct 
and  maintain  such  guard  or  safety  wires  after  receiving  notice  in 
writing  so  to  do  from  the  said  Board  of  Public  Works,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  may 
be  fined  in  a  sum  not  to  exceed  five  hundred  dollars;  and  in  case 
said  fine  be  not  paid,  then  the  person  or  persons  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland,  at  the  rate  of 
one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  December  27,  1894.  Vol.  4,  p.  645.) 


ORDINANCE  NO.  1657. 


AN  ORDINANCE  REGULATING  THE  CROSSING  OVER  DRAW¬ 
BRIDGES  IN  THE  CITY  OF  OAKLAND  OF  RAILWAY  EN¬ 
GINES  AND  CARS  PROPELLED  BY  STEAM. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  or  persons  operating  or  controlling  any 
railway  engine  or  cars  propelled  by  steam  in  the  City  of  Oakland, 
shall  cause  or  permit  the  said  railway  engine  or  cars  propelled  by 
steam  to  pass  over  or  across  any  drawbridge  in  the  City  of  Oakland, 
without  first  having  brought  the  said  railway  engine  or  cars  pro¬ 
pelled  by  steam  to  a  full  stop  at  the  north  line  of  First  street. 

Nor  to  pass  over  or  across  Alice-street  drawbridge  in  the  City  of 
Oakland  without  first  having  brought  the  said  railway  engine  or  cars 
propelled  by  steam  to  a  full  stop,  between  the  east  line  of  Webster 
street  and  the  north  end  of  the  trestle  of  said  bridge. 

Section  2.  Any  person  violating  or  causing  to  be  violated  any 
provision  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed  five 
hundred  ($500)  dollars,  and  in  case  the  said  fine  be  not  paid,  then 
the  person  so  fined  may  be  imprisoned  in  the  prison  of  the  City  of 
Oakland  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  so  im¬ 
posed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  December  29,  1894.  Vol.  4,  p.  649.) 


3°8 


GENERAL,  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  1662. 


AN  ORDINANCE  REQUIRING  PERSONS  IN  CHARGE  OF  STREET 
CARS  OPERATED  IN  THE  CITY  OF  OAKLAND  TO  BRING 
THE  SAME  TO  A  FULL  STOP  IMMEDIATELY  BEFORE 
CROSSING  THE  TRACK  OF  ANY  STEAM  RAILWAY  LOCATED 
WITHIN  THE  CORPORATE  LIMITS  OF  SAID  CITY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
01  persons  having-  the  charge,  care  or  control  of  any  street  railway 
car  operated  within  the  corporate  limits  of  the  City  of  Oakland,  to 
permit  or  allow  such  car  to  cross  the  tracks  of  any  steam  railway 
located  within  said  corporate  limits  without  bringing  the  said  car  to  a. 
full  stop  immediately  before  crossing  such  steam  railway  track  . 

Section  2.  Any  person  who  violates  any  provision  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor-,  and  upon  convic¬ 
tion  thereof  shall  be  punished  by  a  fine  not  to  exceed  the  sum  of 
five  hundred  dollars,  and  in  cas£  said  fine  is  not  paid,  then  the  person 
or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  February  15,  1895.  Vol.  4,  p.  657.) 


ORDINANCE  NO.  1661. 


AN  ORDINANCE  REQUIRING  STREET  RAILROAD  COMPANIES 
OR  CORPORATIONS  TO  STATION  FLAGMEN  AT  CERTAIN 
STREET  CROSSINGS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  persons,  firms,  companies  or  corporations  oper¬ 
ating  or  controlling  any  street  railway  whose  cars  pass  the  intersec¬ 
tion  of  Broadway,  Fourteenth  street  and  San  Pablo  avenue  are  here¬ 
by  required  to  station  a  flagman,  and  keep  said  flagman  so  stationed, 
at  the  said  intersection,  during  the  hours  of  the  day  or  night,  dur¬ 
ing  which  said  railways  are  in  operation.  (As  amended  February 
21,  1901.  Vol.  5,  p.  538.) 

Section  2.  No  conductor,  motorman,  gripman,  person,  firm,  com- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


309 


pany  or  corporation  owning,  operating,  controlling  or  having  in  charge 
or  care,  any  street  railway  car,  shall  cause  or  permit  the  said  car  to 
pass  said  crossings,  as  specified  in  Section  1  of  this  ordinance,  until 
the  flagman  there  stationed  shall  signal  him  or  them  so  to  do. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed¬ 
ing  five  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  by 
imprisonment  in  the  City  Prison  of  the  City  of  Oakland,  at  the  rate 
of  one  day  for  every  two  dollars  of  said  fine  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  February  15,  1895.  Arol.  4,  p.  655.) 


ORDINANCE  NO.  1665. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES  AND  COR¬ 
PORATIONS  OPERATING  RAILROADS  BY  STEAM  TO  ERECT 
AND  MAINTAIN  GATES  AT  A  DISTANCE  OF  TWO  HUNDRED 
FEET  FROM  WEBSTER- STREET  DRAWBRIDGE  AND  AT  A 
POINT  BETWEEN  FIRST  STREET  AND  ALICE  STREET 
DRAWBRIDGE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  railroad  company  or  corporation  operating  any 
railroad  by  steam  upon,  along  and  over  Webster-street  drawbridge 
and  Alice- street  drawbridge,  shall  erect  and  maintain  automatic 
gates  at  a  point  two  hundred  feet  distant  and  northerly  from  said 
Webster-street  drawbridge.  Also  erect  and  maintain  gates  across  the 
railroad  tracks  which  curve  from  First  street  to  the  Alice-street  draw¬ 
bridge,  and  used  by  said  railroad  companies.  Said  gates  to  be  so 
operated  automatically  that  they  shall  close  when  the  drawbridge 
opens  and  open  when  the  drawbridge  closes,  and  to  be  provided  with 
suitable  lights  at  night  time. 

Section  2.  No  conductor,  engineer,  fireman,  brakeman  or  other 
person  having  charge  of  any  steam  railway  car  or  locomotive  while 
moving  towards  said  drawbridge  shall  permit  or  cause  the  same  to 
pass  the  points  located  and  designated  in  Section  1  of  this  ordinance, 
unless  the  said  automatic  gates  are  in  position  and  operated  in  ac¬ 
cordance  with  the  requirements  of  this  ordinance. 

Section  3.  Any  person  who  violates  any  provision  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  thereof,  shall  be  punished  by  a  fine  not  to  exceed  the  sum  of  five 


3io 


GENERAL  MUNICIPAL  ORDINANCES 


hundred  dollars,  and  in  case  said  fine  is  not  paid,  then  the  person  or 
persons  so  fined  may  be  imprisoned  in  the  City  Prison  of  the  City 
of  Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine 
so  imposed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  thirty  days  after  its  passage  and  approval. 

(Approved  February  23,  1895.  Vol.  4,  p.  661.) 


ORDINANCE  NO.  1670. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES  AND  COR¬ 
PORATIONS  OPERATING  RAILROADS  BY  STEAM  IN  THE 
CITY  OF  OAKLAND  TO  ERECT,  MAINTAIN  AND  OPERATE 
SEMAPHORES  AT  ALL  STREETS  IN  SAID  CITY  WHERE 
STEAM  RAILROAD  TRACKS  CROSS  THE  TRACKS  OF  ANY 
STREET  RAILROAD. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  company  or  corporation  operating  a  railroad  by 
steam  in  the  City .  of  Oakland  shall  erect,  maintain  and  operate  a 
semaphore  at  each  street  in  said  city  where  the  railroad  tracks  of 
such  company  or  corporation  cross  the  tracks  of  any  street  railroad, 
and  each  of  said  semaphores  shall  be  constantly  operated  at  all  times 
when  steam  cars  or  locomotives  approach  the  same,  so  that  the  danger 
signal  may  be  shown  to  any  one  having  the  charge  or  control  of  any 
street  car  approaching  the  said  semaphore. 

Section  2.  No  conductor,  engineer  or  other  person  having  charge 
or  control  of  any  steam  locomotive  or  railway  car  shall  cause  or  per¬ 
mit  the  same  to  cross  any  track  of  any  street  railway  in  the  City  of 
Oakland,  unless  the  semaphore  is  maintained  and  operated  at  such 
crossing,  as  provided  in  Section  1  of  this  ordinance. 

Section  3.  An  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  to  exceed  $500.00,  and  in  case  said 
fine  be  not  paid  then  the  person  or  persons  so  fined  may  be  imprisoned 
in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  sixty  days  after  the  date  of  its  passage  and  approval. 

(Approved  March  9,  1895.  Vol.  4,  p.  668.) 


OF  THE  CITY  OF  OAKLAND,  CAE. 


311 


ORDINANCE  NO.  1685. 


AN  ORDINANCE  MAKING  UNLAWFUL  THE  CHARGE,  EXACTION 
OR  COLLECTION  OF  FARES  FROM  PASSENGERS  RIDING 
BETWEEN  STATIONS  WITHIN  THE  CORPORATE  LIMITS  OF 
THE  CITY  OF  OAKLAND,  CALIFORNIA,  ON  CARS  PRO¬ 
PELLED  BY  STEAM.  4ND  PROVIDING  A  PENALTY  FOR  A 
VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person,  firm  or 
corporation,  owning,  controlling  or  operating  a  railroad  over  which 
cars  are  propelled  by  steam  through  the  City  of  Oakland,  for  the  pur¬ 
pose  of  carrying  passengers,  to  charge,  exact  or  collect  fares  for 
carrying  or  transporting  any  person  or  persons  between  stations  with¬ 
in  the  corporate  limits  of  the  City  of  Oakland,  California. 

Section  2.  Any  person,  firm  or  corporation  violating  any  pro¬ 
vision  of  this  ordinance  shall  be  declared  guilty  of  a  misdemeanor  and 
be  punishable  by  a  fine  not  exceeding  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  each  two  dollars  of  the  fine  so  imposed  and  unpaid. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  im¬ 
mediately  upon  its  approval. 

(Approved  June  22,  1895.  Vol.  4,  p.  6S9.) 


ORDINANCE  NO.  1705. 


AN  ORDINANCE  REQUIRING  MOTORMEN  AND  GRIPMEN  OP¬ 
ERATING  STREET  CARS  WITHIN  THE  LIMITS  OF  THE 
CITY  OF  OAKLAND  TO  SOUND  THE  ALARM  BELLS  OF  THE 
CARS  BEFORE  CROSSING  STREETS  AND  FIXING  A  PENALTY 
FOR  A  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  motorman 
or  gripman  having  Charge  of  an  electric  or  a  cable  street  car  to  allow 
such  to  be  propelled  across  any  street  within  the  City  of  Oakland 
without  having  sounded  said  car’s  alarm  gong  or  bell  while  within  a 
distance  of  from  fifty  to  twenty-five  feet  of  the  street  about  to  be 
crossed. 


312 


GENERAL.  MUNICIPAL  ORDINANCES 


Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  and 
if  such  imposed  fine  be  not  paid,  then  by  imprisonment  in  the  City 
Prison  at  the  rate  of  one  day  for  each  two  dollars  of  the  fine  unpaid. 

(Approved  September  24,  1895.  Vol.  4,  p.  719.) 


ORDINANCE  NO.  1746. 


AN  ORDINANCE  REGULATING  THE  MEETING,  PASSING  AND 

SPEED  OF  STREET  RAILWAY  CARS  WITHIN  THE  LIMITS 

OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  motorman, 

gripman,  conductor,  or  other  person  operating,  controlling  or  hav¬ 
ing  charge  of  any  street  railway  car  or  cars,  operating  in  the  streets 
of  the  City  of  Oakland,  to  cause,  permit,  or  allow  the  same  to  pass 
another  car  or  cars  within  the  intersection  of  any  cross  street  or 
within  fifty  feet  of  either  side  of  the  intersection  of  any  cross  street. 

Section  2.  It  is  hereby  declared  unlawful  for  any  motorman, 

gripman,  conductor,  or  other  person,  operating,  controlling,  or  having 
charge  of  any  street  railway  car.  to  cause,  permit,  or  allow  the 
same  to  pass  another  car  at  a  rate  of  speed  greater  than  three  miles 
an  hour. 

Section  3.  Any  motorman,  gripman,  conductor  or  other  person 
violating  any  of  the  provisions  of  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  two  hundred  and  fifty  ($250.00)  dollars, 
and  in  case  said  fine  be  not  paid,  then  the  person  so  fined  to  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 

day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  April  24,  1896.  Vol.  5,  p.  56.) 


3T3 


OF  THE  CITY  OF  OAKLAND,  CAL. 


ORDINANCE  NO.  1974. 


REGULATING  THE  OPERATIONS  OF  RAILROADS  AT  CERTAIN 

STREET  CROSSINGS  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  persons,  firms  or  corporations,  owning  or  con¬ 
trolling  or  operating  any  steam  railway  upon  Seventh,  First  or  Web¬ 
ster  streets,  or  upon  Railroad  avenue,  in  the  City  of  Oakland,  are 
hereby  required  to  station  flagmen  and  keep  said  flagmen  so  sta¬ 
tioned  at  the  following  points  during  the  hours  of  the  day  01  night 
hereinafter  mentioned,  to- wit: 

At  the  intersection  of  the  main  line  track  with  Goss  street,  said 
point  being  about  sixty  feet  east  of  Bay  street;  the  intersection  of 
said  main  line  track  with  Seventh  street,  or  Railroad  avenue,  west  or 
Bay  street;  the  intersection  of  Seventh  and  Myrtle  streets;  of  Sev¬ 
enth  and  Market  streets;  Seventh  and  West  streets;  Seventh  and 
Washington  streets;  Seventh  and  Broadway  streets;  Seventh  and 
Franklin  streets;  Seventh  and  Webster  streets;  Eighth  and  Webster 
streets;  Eleventh  and  Webster  streets;  Twelfth  and  Webster  streets, 
Thirteenth  and  Webster  streets;  First  and  Webster  streets, 
First  and  Franklin  streets;  First  and  Broadway  streets;  Park  avenue 
and  railroad  right  of  way,  during  the  hours  that  local  trains  to  Ala¬ 
meda,  Oakland  and  Berkeley  are  in  operation;  also  at  the  intersection 
of  First  and  Market  streets;  First  and  Castro  streets;  First  and  Clay 
streets;  First  and  Washington  streets,  between  the  hours  of  6  a.  m. 
and  7  p.  m. 

Section  2.  No  person,  firm  or  corporation,  owning,  opeiating  oi 
controlling  any  railway  engine  upon  First,  Seventh  or  Webster 
streets,  or  upon  Railroad  avenue,  in  the  City  of  Oakland,  shall  cause 
or  permit  the  said  engine  to  pass  any  of  the  points  specified  in  sec¬ 
tion  one  (1)  of  this  ordinance  until  the  flagman  there  stationed  shall 
signal  him  or  them  to  do  so;  provided,  however,  that  this  ordinance 
shall  not  apply  to  trains  passing  said  points  during  other  hours  than 
those  specified  in  Section  one  (1)  for  flagmen  to  be  on  duty.  It  Is 
further  provided  that  should  any  person,  firm  or  railway  company, 
operating  trains  along  Seventh,  First  and  Webster  streets,  or  along 
Railroad  avenue,  erect,  maintain  and  operate  good  and  substantial 
crossing  gates  at  any  of  the  crossings  at  which  flagmen  are  required  , 
by  the  provisions  of  Section  one  (1)  of  this  ordinance  and  signal  trains 
over  and  across  such  crossings  by  semaphores  operated  m  conjunc¬ 
tion  with  such  crossing  gates  by  men  stationed  in  towers  near  by 
during  the  hours  specified  in  Section  one  (1)  of  this  ordinance,  it  will 
be  considered  as  full  compliance  with  the  terms  of  this  ordinance. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  fine  not  exceeding 


l 


3H 


GENERAL  MUNICIPAL  ORDINANCES 


five  hundred  dollars,  and  in  case  said  fine  shall  not  be  paid,  then  by- 
imprisonment  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of 
one  day  for  every  two  dollars  of  the  fine  imposed  and  remaining-  un¬ 
paid. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

. 

Section  5.  This  ordinance  shall  take  effect  immediately. 

(Approved  March  23,  1899.  Vol.  5,  p.  361.) 


ORDINANCE  NO.  20G4. 


AN  ORDINANCE  REQUIRING  RAILROAD  COMPANIES  TO  STA¬ 
TION  A  FLAGMAN  AT  A  CERTAIN  STREET  CROSSING  IN 

THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  persons,  firms  or  corporations*  owning,  operating 
or  controlling  any  steam  railway  upon  Stanford  avenue,  in  the  City 
of  Oakland,  are  hereby  required  to  station  a  flagman  and  keep  said 
flagman  so  stationed  at  the  crossing  of  San  Pablo  avenue  and  Stan¬ 
ford  avenue  in  said  city  during  the  hours  of  the  day  or  night  that 
said  railway  is  in  operation. 

Section  2.  No  person,  firm  or  corporation,  owning,  operating  or 
controlling  any  railway  engine  upon  Stanford  avenue,  in  the  City  of 
Oakland,  shall  cause  or  permit  the  said  engine  to  pass  the  point 
specified  in  Section  1  of  this  ordinance  until  the  flagman  there  sta¬ 
tioned  shall  signal  him  or  them  so  to  do. 

Section  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed¬ 
ing  five  hundred  ($500.00)  dollars,  and  in  case  said  fine  be  not  paid, 
then  by  imprisonment  in  the  City  Prison  of  the  City  of  Oakland,  at 
the  rate  of  one  day  for  every  two  dollars  of  said  fine  remaining  un¬ 
paid. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  12,  1899..  Vol.  5,  p.  412.) 


OF  THE  CITY  OF  OAKLAND,  CAL.  315 

ORDINANCE  NO.  1739. 


AN  ORDINANCE  REGULATING  THE  SPEED  OF  ELECTRIC  AND 
CABLE  STREET  CARS,  RAILWAY  ENGINES  AND  CARS  PRO¬ 
PELLED  BY  STEAM  IN  THAT  PORTION  OF  THE  CITY  OF 
OAKLAND  BOUNDED  ON  THE  NORTH  BY  THE  NORTHERLY 
LINE  OF  SIXTEENTH  STREET,  ON  THE  EAST  BY  THE 
EASTERLY  LINE  OF  FRANKLIN  STREET,  ON  THE  SOUTH 
BY  THE  SOUTHERN  BOUNDARY  LINE  OF  THE  CITY;  AND 
ON  THE  WEST  BY  THE  WESTERLY  LINE  OF  WASHING¬ 
TON  STREET. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  corpora¬ 
tion,  owning,  operating  or  controlling  any  electric  or  cable  street 
cars,  railway  engines  or  cars  propelled  by  steam  to  cause,  allow  01 
permit  the  same  to  attain  a  greater  maximum  rate  of  speed  than 
eight  (8)  miles  an  hour  in  any  of  that  portion  of  the  City  of  Oak¬ 
land,  bounded  on  the  north  by  the  northerly  line  of  Sixteenth  street, 
on  the  east  by  the  easterly  line  of  Franklin  street,  on  the  south  by 
the  southerly  charter  line  of  the  City  of  Oakland,  and  on  the  west 
by  the  westerly  line  of  Washington  street. 

Section  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  to  exceed 
one  hundred  dollars,  and  in  case  said  fine  be  not  paid,  then  the  per¬ 
son  or  persons  so  fined  shall  be  imprisoned  in  the  City  Prison  of  the 
City  of  Oakland  at  the  rate  of  one  day  for  every  two  ($2)  dollars  of 
the  fine  so  imposed  and  remaining  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  March  20,  1896.  Vol.  5,  p.  43.) 


ORDINANCE  NO.  1754. 


AN  ORDINANCE  AUTHORIZING  AND  DIRECTING  THE  NORTH¬ 
ERN  RAILWAY  COMPANY  TO  CHANGE  THE  LOCATION  OF 

ITS  TRACKS  ON  CEDAR  STREET. 


GENERAL  MUNICIPAL  ORDINANCES 


316 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Northern  Railway  Company  is  hereby  authorized 
and  directed  to  change  the  location  of  its  tracks  on  Cedar  street  so 
that  the  most  westerly  rail  of  any  of  said  tracks  shall  be  a  distance  of 
twenty-three  feet  from  the  western  curb  line  of  said  Cedar  street. 

Section  2.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  May  22.  189(5.  Vol.  5,  p.  67.) 


ORDINANCE  NO.  1747. 


AN  ORDINANCE  DECLARING  IT  TO  BE  UNLAWFUL  FOR  ANY 
MOTORMAN,  GRIPMAN  OR  DRIVER,  WHILE  IN  CHARGE  OP’ 
A  STREET  CAR  WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAK¬ 
LAND  TO  LEAVE  HIS  POSITION  ON  SUCH  CAR  WHILE  THE 
CAR  IS  IN  MOTION,  AND  PROVIDING  A  PENALTY  FOR  A 
VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  motorman, 
gripman  or  driver,  operating  or  controlling-  any  street  car  within  the 
limits  of  the  City  of  Oakland,  to  leave  the  position  occupied  by  said 
motorman,  gripman  or  driver  in  operating  or  controlling  the  machinery, 
horses  or  other  motive  power  of  the  car,  while  said  car  is  in  motion. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  exceeding  one  hundred  ($100.00)  dollars,  and  in 
case  said  fine  be  not  paid,  then  by  imprisonment  in  the  City  Prison  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  so  imposed  and 
remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  April  24,  1896.  Vol.  5,  p.  58.) 


OF  THE  CITY  OF  OAKLAND.  CAL. 


3*7 


CHARTER  XII. 

MICELLANEOUS  PENAL  ORDINANCES. 


ORDINANCE  NO.  2194. 


'AN  ORDINANCE  PROHIBITING  THE  CUTTING  DOWN  OR  RE¬ 
MOVAL  OF  TREES  IN  ANY  OF  THE  PUBLIC  STREETS  OR 

SQUARES  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons  to  cut 
down,  remove  or  mutilate  any  trees  or  trees  growing'  upon  any  of 
the  streets  or  public  squares  of  the  City  of  Oakland,  except  by  per¬ 
mission  from  the  Board  of  Public  Works. 

Section  2.  Any  person  violating  this  ordiance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  for 
same  not  more  than  $100,  and  in  case  such  fine  is  not  paid  to  be  im¬ 
prisoned  in  the  City  Prison  at  the  rate  of  one  day  for  every  two  ($2.00) 
dollars  of  the  fine  so  imposed. 

Section  3.  Ordinance  No.  161  in  relation  to  prohibiting  the  cut¬ 
ting  down  of  trees,  approved  April  24,  1860,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  May  23,  1903.  Vol.  6,  p.  72.) 


ORDINANCE  NO.  262. 


AN  ORDINANCE  FOR  THE  PROTECTION  OF  BIRDS  IN  THE 
CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  ,1.  No  person  shall  trap,  snare,  or  otherwise  capture  or 
kill  any  wild  bird,  except  water  fowl  and  birds  of  prey,  within  the 
limits  of  the  City  of  Oakland. 


3i8 


GENERAL  MUNICIPAL  ORDINANCES 


Section  2.  Any  person  violating  Section  1  of  this  ordinance  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  ten  dollars,  and  in  default  of  pay¬ 
ment  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  ten  days  after  its  approval  by  the  Mayor. 

(Approved  May  11,  3  86".  Vol.  1,  p.  259.) 


ORDINANCE  NO.  320. 


AN  ORDINANCE  TO  REGULATE  DANCE  HOUSES  IN  THE  CITY 

OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  1.  That  it  shall  be  unlawful  for  the  keeper  or  owner  of 
any  saloon  or  dance,  house  within  the  limits  of  the  City  of  Oakland 
to  allow  or  permit  to  be  carried  on  in  such  saloon  or  dance  house, 
dancing  or  other  loud  and  boisterous  play  or  amusement  after  the 
hours  of  11  o’clock  in  the  evening. 

Section  2.  Any  person  violating  the  first  section  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  ten  dollars,  nor  more  than  fifty 
dollars,  and  in  case  such  fine  is  not  paid,  to  be  imprisoned  in  the  City 
Prison  at  the  rate  of  one  day  for  every  two  dollars  of  such  fine. 

Section  3.  This  ordinance  to  take  effect  from  and  after  its  ap¬ 
proval. 

(Approved  July  24,  1868.  Vol.  1,  p.  319.) 


ORDINANCE  NO.  360. 


AN  ORDINANCE  PROHIBITING  THE  BLOWING  OF  A  POLICE¬ 
MAN’S  WHISTLE  WITHIN  THE  LIMITS  OF  THE  CITY  OF 
OAKLAND,  EXCEPT  BY  POLICEMEN. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  within  the  limits 
of  the  City  of  Oakland  in  the  night  or  day  time  to  blow  upon  what 
is  known  and  denominated  “a  policeman’s  w'histle,”  so  as  to  produce 
noise  or  whistling  sound,  excepting  in  cases  of  necessity  or  impend¬ 
ing  danger,  real  or  apparent;  provided,  however,  that  this  ordinance 


OF  THE  CITY  OF  OAKLAND,  CAL. 


319 


shall  in  no  way  or  manner  affect  the  duties,  practice  or  regulation  of 
the  Department  of  Police,  or  any  officer  theieof,  01  peisons  having 
permission  from  the  Captain  of  Police  to  keep  and  use  the  same. 
(Amendment  approved  September  8,  1888.  Vol.  3,  p.  304.) 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  less  than  ten  dollars,  nor  more  than 
thirty,  and  in  default  of  the  payment  thereof,  shall  be  imprisoned  In 
the  City  Prison  one  day  for  every  two  dollars  of  such  fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  December  11,  1869.  Vol.  1,  p.  379.) 


ORDINANCE  NO.  396. 


AN  ORDINANCE  FOR  THE  PREVENTION  AND  SUPPRESSION  OF 

NUISANCES. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  shall  establish  or  maintain  any  slaughter 
house,  keep  any  hog  or  hogs,  cure  or  keep  hides,  skins,  or  peltry, 
slaughter  cattle,  sheep  or  any  other  kind  of  animal;  pui sue,  maintain 
or  carry  on  any  other  business  or  occupation  offensive  to  the  senses 
or  prejudicial  to  the  public  health  or  comfort  within  the  limits  of  the 
City  of  Oakland.  (Amendment  approved  December  11,  1897.  Vol.  5,  p. 
217.) 

Section  2.  (Repealed  by  Ordinance  No.  2067.  Approved  October 
9,  1900.  Vol  5,  p.  506.) 

Section  3.  No  person  shall  engage  in  the  occupation  or  business 
of  reducing  or  smelting  ores  containing  sulphurets  of  lead,  aisenic, 
copper  or  antimony  within  the  limits  of  the  City  of  Oakland. 

Section  4.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic¬ 
tion  thereof  shall  be  fined  in  a  sum  not  less  than  seventy  -ll've  dollais 
and  not  more  than  one  hundred  dollais,  and  shall  also  be  fined  in  a 
sum  not  less  than  seventy- five  dollars  and  not  more  than  one  hundred 
dollars  for  each  and  every  day  during'  which  said  peison  shall  con¬ 
tinue  to  violate  any  of  the  provisions  of  this  ordinance;  and  in  default 
of  payment  thereof  shall  be  imprisoned  one  day  for  every  two  dollars 
of  such  fine. 

Section  5.  All  ordinances  or  parts  of  ordinances,  so  far  as  they 
conflict  with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  from  and  after  its 
approval. 

(Approved  August  16,  1870.  Vol.  1,  p.  438.) 


320 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  418. 


AN  ORDINANCE  TO  PREVENT  STALLIONS,  BULLS  OR  JACK¬ 
ASSES  FROM  BEING  STAKED  OUT  OR  RUNNING  AT  LARGE 

IN  OR  UPON  ANY  PUBLIC  STREETS  OR  UNINCLOSED  LOTS 

IN  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  Ordain  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons  to 
stake  out  or  cause  to  be  staked  out  upon  any  open,  vacant  or  unin¬ 
closed  lot  or  field  within  the  limits  of  the  City  of  Oakland,  any 
stallion,  bull  or  jackass,  or  allow  or  permit  any  stallion,  bull  or 
jackass  to  run  at  large  upon  any  open,  vacant  or  uninclosed  lot  or 
field  within  the  limits  of  the  City  of  Oakland;  and  it  shall  be  unlawT- 
ful  for  any  person  or  persons  to  allow  or  permit  any  stallion,  bull  or 
jackass  to  be  staked  out  or  run  at  large  in  or  upon  any  lot  or  field  with¬ 
in  the  limits  of  the  City  of  Oakland,  unless  the  same  be  inclosed  by  a 
good  and  substantial  fence  of  sufficient  height,  strength  and  durabil¬ 
ity  to  prevent  such  stallion,  bull  or  jackass  from  escaping  into  and  up- 
an  the  public  streets  of  the  City  of  Oakland,  or  into  or  upon  any  lot 
open,  vacant  or  inclosed;  and  it  shall  be  unlawful  for  any  person  or 
persons  to  permit  or  allow  any  stallion,  bull  or  jackass  to  run  at  large 
in  any  of  the  streets,  lanes  or  alleys  within  the  limits  of  the  City  of 
Oakland. 

This  ordinance  shall  apply  to  the  owner  or  owners,  possesor  or 
possessors,  their  agents  and  servants,  and  to  all  persons  having  the 
control  of  such  stallion,  bull  or  jackass. 

Section  2.  Every  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  to  exceed  one  hundred 
dollars;  and  in  default  of  payment  shall  be  imprisoned  in  the  City 
Prison  one  day  for  every  two  dollars  of  such  fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  June  29,  1871.  Vol.  1,  p.  472.) 


ORDINANCE  NO.  435. 


AN  ORDINANCE  TO  PREVENT  THE  USE  OF  HORSES  AND 
OTHER  ANIMALS  SICK  AND  AFFLICTED  WITH  A  DISEASE 
CALLED  GLANDERS  WITHIN  THE  PUBLIC  STREETS  OF 
THE  CITY  OF  OAKLAND. 


OF  THE  CITT  OF  OAKLAND,  CAL. 


321 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  use,  ride,  load  or  drive  any  horse  or  other  animal  afflicted  with  the 
disease  known  as  glanders  within  the  public  stieets  of  the  City  of 
Oakland,  or  to  water  such  diseased  horse  or  other  animal  at  any 
watering  place  in  any  of  the  public  streets  or  places  wfithin  said  city. 

Section  2.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  the  sum  of  twenty  dollars,  and 
in  default  of  payment  thereof  be  imprisoned  in  the  City  Prison  one 
day  for  each  two  dollars  of  such  fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  fater  its  approval. 

(Approved  October  31,  1871.  Vol.  1,  p.  519.) 


ORDINANCE  NO.  514. 


AN  ORDINANCE  TO  PREVENT  THE  OWNERS  OR  POSSESSORS 
OF  LAME,  DISEASED,  DISABLED  OR  WORN  OUT  HORSES 
OR  MULES,  OR  ANY  HORSE  OR  MULE,  FROM  TURNING  THE 
SAME  LOOSE  TO  RUN  AT  LARGE  UPON  THE  PUBLIC 
STREETS,  PLAZAS  AND  PLACES  IN  THE;  CITY  OF  OAK¬ 
LAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows : 

Section  1.  From  and  after  the  passage  of  this  ordinance  it  shall 
be  unlawful  for  any  person  to  turn  loose  to  run  at  large  in  and  upon 
the  public  streets,  plazas  and  other  public  places  in  the  City  of  Oak¬ 
land  any  lame,  disabled,  diseased  or  worn  out  horse  or  mule,  or  any 

horse  or  mule. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance,, 
or  any  provision  therein  contained,  shall  be  deemed  guilty  of  the  com¬ 
mission  of  a  public  offense  of  the  grade  of  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  the  sum  of  twenty-five  dollars,  and 
in  default  of  the  payment  thereof,  shall  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  one  day  for  every  two  dollars  of  such 

fine. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  foice 
on  and  after  its  approval. 

(Approved  January  13,  1873.  Vol.  2,  p.  222.) 


322 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  537. 


AN  ORDINANCE  PROVIDING  FOR  THE  VERIFICATION  OF  BILLS, 

CLAIMS  AND  DEMANDS  AGAINST  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  From  and  after  the  approval  of  this  ordinance  all 
bills,  claims  and  demands  against  the  City  of  Oakland  presented  for 
payment  shall  be  verified  by  an  affidavit  of  the  claimant,  or  his  or  her 
assignoi,  annexed  thereto,  to  the  effect  that  the  same  is  true  and 
correct,  and  that  the  same  nor  any  part  thereof  has  ever  been  paid  or 
satisfied,  and  has  or  has  not,  as  the  case  may  be,  been  before  presented 
for  payment:  provided,- however,  that  all  salary  bills  and  bills  certified 
to  as  being  true  and  correct  by  a  city  officer,  who  has  knowledge  of 
the  fact  and  originating  within  the  particular  department  of  such  city 
officer,  shall  not  come  within  the  provisions  of  this  ordinance,  and 
is  expressly  excepted  therefrom;  and  provided,  further,  that  this  or¬ 
dinance  does  not,  nor  is  it  intended  to  conflict  with  that  provision  of 
the  City  Charter  requiring  all  officers  intrusted  with  money  belonging 
to  the  city  to  make  oath  that  the  same  has  been  paid  over  to  the  City 
Treasurer  before  receiving  pay  for  their  services. 

Section  2.  (Repealed  by  Ordinance  No.  1419,  approved  April  30 
1892.  Vol.  4,  p.  184.) 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  approval. 

(Approved  April  24,  1873.  Vol.  2,  p.  261.) 


ORDINANCE  NO.  654. 


AN  ORDINANCE  TO  PREVENT  PERSONS  FROM  DODGING  IN 

BARNS  AND  OUTBUILDINGS  IN  THE  CITY  OF  OAKLAND. 

The  City  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  lodge 
in  any  barn,  shed,  shop,  out-house,  vessel  or  place  other  than  such  as 
kept  for  lodging  purposes,  without  the  permission  of  the  owner  or 
party  entitled  to  the  possession  thereof. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  not  exceeding  one  hundred  dollars,  and 
in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned 


( 


OF  THE  CITY  OF  OAKLAND,  CAL.  323 

in  the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  from 
and  after  its  approval. 

(Approved  January  6,  1876.  Yol.  2,  p.  443.) 


ORDINANCE  NO.  719. 


AN  ORDINANCE  FOR  THE  REGULATION  AND  LOCATION  OF 
HOUSES  FOR  THE  STORAGE  OF  HAY,  STRAW  AND  ALL 
COMBUSTIBLE  MATERIALS  WITHIN  CERTAIN  LIMITS  OF 
THE  CITY  OF  OAKLAND. 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  ha\  e 
or  keep  for  sale,  or  to  maintain  for  storage,  or  otherwise,  more  than 
twenty  (20)  tons  of  hay,  straw  or  any  combustible  material  in  any 
house  or  building,  or  upon  any  lot,  piece  or  parcel  of  land  within  the 
following  described  limits,  to- wit: 

Commencing  at  the  intersection  of  the  northerly  line  of  Third 
street  with  the  easterly  line  of  Castro  street  in  the  City  of  Oakland; 
running  thence  northerly  along  the  easterly  line  of  Castro  street  and 
said  line  produced  to  the  southerly  line  of  Twenty- second  street; 
thence  easterly  to  a  point  on  the  westerly  arm  of  Lake  Merritt  two 
hundred  (200)  feet  northerly  from  the  northerly  line  of  Delger  or 
Twentieth  street;  thence  westerly,  easterly  and  southerly  along  the 
highest  tide  line  of  said  Lake  Merritt  to  the  northerly  line  of  Third 
street  produced  easterly  to  said  highest  tide  line;  thence  westeily 
along  the  northerly  line,  of  Third  street  to  the  place  of  commnece- 
ment.  (Amendement  approved  November  2,  1877.  Vol.  2,  p.  582.) 

Section  2.  Any  person  who  has  or  keeps  for  sale,  or  who  main¬ 
tains  on  storage  more  than  twenty  (20)  tons  of  hay  or  straw  or  any 
combustible  materials  in  any  house  or  building-,  or  upon  any  lot,  piece 
or  parcel  of  land  within  the  aforesaid  limits,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  exceeding 
one  hundred  ($100)  dollars,  and  in  case  the  fine  be  not  paid,  the  person 
so  fined  shall  be  imprisoned  in  the  City  Prison  until  the  fine  is  satis¬ 
fied  at  the  rate  of  one  day’s  imprisonment  for  every  two  dollars  of  the 
fine  imposed.  (Amendment  approved  September  8,  1888.  Vol.  3,  p.  302.) 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  March  16,  1877.  Vol.  2,  p.  534.) 


I 


\ 


3*4  GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  NO.  816. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  APPEARING  IN 

PUBLIC  IN  A  DRESS  OTHER  THAN  BELONGING  TO  HIS  OR 

HER  SEX. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Sectional.  It  is  hereby  declared  unlawful  for  any  person  to  ap¬ 
pear  in  a  public  place  naked  or  in  a  dress  not  belonging  to  his  or  her 
sex,  or  in  an  indecent  or  lewd  dress. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  exceeding  one  hundred  ($100.00)  dollars,  and  in  case 
the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned  in  the 
City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  (1)  day  for  every 
two  dollars  ($2)  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force  and 
effect  on  and  after  its  approval. 

(Approved  May  8,  1879.  Vol.  2,  p.  707.) 


ORDINANCE  NO.  818. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  TAKING  OR 

PASSING  INTOXICATING  LIQUORS  INTO  THE  CITY  PRISON 

OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordaii}  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  without  permission 
of  the  officer  in  charge,  to  bring  or  pass  any  intoxicating  liquor  into  the 
City  Prison  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  exceeding  one  hundred  ($100)  dollars;  and  in  case  the  fine  be  not 
paid,  the  person  so  fined  shall  be  imprisoned  in  the  City  Prison  until 
the  fine  is  satisfied,  at  the  rate  of  one  (1)  day  for  every  two  dollars  ($2) 
of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
and  effect  on  and  after  its  approval. 

(Approved  May  10,  1879.  Vol.  2,  p.  709.) 


I 


OF  THE  CITY  OF  OAKLAND,  CAL.  325 

ORDINANCE  NO.  875. 


AN  ORDINANCE  PROHIBITING  BOYS  FROM  GETTING  ON  AND 

OFF  RAILROAD  CARS  WHILE  IN  MOTION. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  shall  he  unlawful  for  any  boy  under  the  age  of  six¬ 
teen  years  to  get  on,  or  attempt  to  get  on,  any  car  or  train  of  cars 
propelled  by  steam;  or  to  get  off,  or  attempt  to  get  off,  from  any  such 
car,  or  train  of  cars,  while  the  same  is  in  motion,  at  any  place  in  the 
City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars; 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two  dollars 
of  the  fine  imposed. 

Section  3.  This  ordiance  shall  take  effect  immediately. 

(Approved  October  5,  1880.  Vol.  3,  p.  30.) 

[Note — This  ordinance  is  supplemented  by  Ordinance  No.  1540, 
post,  purporting  to  amend  the  same.  Approved  July  19,  1893.  Vol. 
4,  p.  447.) 


ORDINANCE  NO.  879. 


AN  ORDINANCE  TO  SUPPRESS  OPIUM  DENS  AND  PREVENT 

IMMORALITY. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  shall,  in  the  City  of  Oakland,  own,  or  keep, 
or  maintain,  or  manage,  or  smoke  opium  at,  or  become  an  inmate  of, 
or  visit,  or  resort  to,  or  in  any  way  contribute  to  the  support  of,  any 
house,  or  room,  or  place  where  opium  is  smoked,  or  where  persons 
assemble  for  the  purpose  of  smoking  opium,  or  inhaling  the  fumes 
of  opium,  or  which  is  kept  as  a  place  of  resort  for  smoking  opium. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  at  the 
rate  of  one  day  for  each  two  dollars  of  the  fine  imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  January  19,  1881.  Vol.  3,  p.  35.) 


326 


GENERAL  MUNICIPAL  ORDINANCES 

ORDINANCE  NO.  8B1. 


AN  ORDINANCE  PROHIBITING  CERTAIN  MINORS  FROM  BEING 

ON  THE  PUBLIC  STREETS  AT  NIGHT. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  minor,  under  the  ag-e  of 
sixteen  years,  to  be  or  appear  in  any  street,  square  or  public  place, 
in  the  City  of  Oakland,  after  9  o’clock  at  night,  and  between  said 
hour  and  daylight  of  the  following  morning,  unless  such  minor  be 
accompanied  by  the  parent,  guardian  or  other  person  having  the  law¬ 
ful  control  of  such  minor,  or  have  the  express  written  permission  of 
such  parent,  guardian  or  other  person,  to  be  on  the  streets  between 
said  hours. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars, 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
until  the  same  is  satisfied  at  the  rate  of  one  day  for  each  two  dollars 
of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  February  23,  1881.  Vol.  3,  p._  38.) 


ORDINANCE  NO.  932. 


AN  ORDINANCE  REGULATING  THE  DEFACING  OF  BUILDINGS. 
STRUCTURES  AND  CERTAIN  TREES  BY  ADVERTISING  NO¬ 
TICES;  PROHIBITING  THE  DEFACING  OF  POLES,  SIDE¬ 
WALKS  AND.  CERTAIN  TREES  BY  SUCH  NOTICES;  REGU¬ 
LATING  THE  SUSPENSION  OF  BANNERS  AND  ADVERTISING 
NOTICES  OVER  ANY  PUBLIC  STREET;  PROHIBITING  THE 
CARRYING  OF  PLACARDS  IN,  AND  THE  DISTRIBUTION  OF 
ADVERTISING  NOTICES  ON,  STREETS  AND  SIDEWALKS, 
AND  PROVIDING  A  PENALTY  FOR  A  VIOLATION  THERE¬ 
OF. 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  post, 
stick,  stamp,  paint  or  otherwise  affix,  or  cause  to  be  posted,  stuck, 
stamped,  painted  or  otherwise  affixed,  any  bill,  poster,  notice  or  ad- 


OF  THE  CITY  OF  OAKLAND,  CAE. 


327 


vertisement  to  or  upon  any  building,  structure,  wall,  fence,  gate  post, 
or  tree  upon  private  premises,  without  permission  in  writing  from 
the  owner,  agent  or  occupier  of  the  premises;  or  upon  any  telegraph, 
telephone  or  electric  light  pole;  or  upon  any  sidewalk;  or  upon  any 
tree,  in  any  public  street,  sidewalk  or  square.  Nor  shall  any  person  sus¬ 
pend  any  banner,  sign  or  advertising-  notice  from,  or  attach  the  same 
to  any  wire  or  other  device  crossing  or  overhanging  any  public  street, 
without  permission  in  writing  from  the  Board  of  Public  Works.  (As 
amended  June  6,  1899.  Vol.  5,  p.  381.) 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  upon 
any  sidewalk,  or  in  any  street  in  the  City  of  Oakland,  to  carry,  bear 
or  support  any  banner,  sign,  transparency,  framework,  device  or  em¬ 
blem  used  or  purporting  to  be  used  or  intended  as  an  advertisement 
of  any  trade,  profession  or  business,  place  of  business,  office,  store  or 
occupation,  or  to  throw  upon  any  sidewalk,  street,  square  or  other 
public  place,  any  advertisement,  paper,  bill,  poster,  flyer,  notice  or 
advertising  device  or  emblem,  used  or  purporting  to  be  used,  or  in¬ 
tended  as  an  advertisement,  or  notice  of  any  article  or  merchandise, 
or  of  any  trade,  profession  or  business,  office,  store  or  occuaption  of 
any  person  or  persons.  (Amendment  approved  October  30,  1890.  Vol. 
3,  p.  529.)  7 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  not  exceeding  one  hundred  dollars,  and  in 
case  the  fine  be  not  paid  the  person  so  fined  may  be  imprisoned  in 
the  City  Prison  at  the  rate  of  one  day  for  every  two  dollars  of  the 
fine  imposed. 

Section  4.  This  ordiance  shall  take  effect  from  and  after  its  ap¬ 
proval  by  the  Mayor. 

(Approved  September  4,  1883.  Vol.  3,  p.  118.) 

[Note — See  Ordinance  No.  1708  ] 


ORDINANCE  NO.  S41. 


AN  ORDINANCE  PROVIDING  FOR  THE  SAFE-KEEPING  OF 
HAY,  STRAW,  SHAVINGS  AND  COMBUSTIBLE  WASTE  MA¬ 
TERIAL. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  Every  person  making,  using  or  having  the  charge 
or  control  of  hay,  straw,  shavings,  sacks,  bags,  litter  or  any  com¬ 
bustible  material,  or  waste,  or  fragments,  or  refuse  of  a  combustible 
character,  shall,  at  the  close  of  each  day  cause  the  same  to  be  securely 


328 


GENERAL  MUNICIPAL  ORDINANCES 


stored  or  disposed  of  in  such  way  as  to  safely  protect  the  same  from 
fire,  and  in  such  way  as  shall  not  endanger  other  property. 

Section  2.  Every  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  shall  pay  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  every  person  so  convicted  shall  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  until  the  fine  so 
imposed  is  satisfied,  at  the  rate  of  one  day’s  imprisonment  for  every 
two  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval  by  the  Mayor. 

(Approved  February  13,  1884.  Vol.  3,  p.  129.) 


ORDINANCE  NO.  2001. 


AN  ORDINANCE  TO  PREVENT  CIGARETTE  SMOKING  IN  THE 

STREETS  AND  PUBLIC  PLACES  OF  THE  CITY  OF  OAKLAND 

BY  CERTAIN  PERSONS  AND  REPEALING  ORDINANCE  NO. 

1932,  APPROVED  AUGUST  31,  1898. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  minor  under 
the  age  of  sixteen  years  to  smoke  any  cigarette  in  any  railway  car, 
street,  square,  public  building  or  public  place  in  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this  or¬ 
dinance  shall  be  declared  guilty  of  a  misdemeanor,  and  upon  con¬ 

viction  thereof  shall  be  fined  not  exceeding  fifty  dollars,  and  in  case 
said  fine  be  not  paid  then  the  person  or  person  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  Ordinance  No.  1932,  prohibiting  the  sale  of  or  offering 

for  sale,  or  giving  away  cigarettes,  etc.,  approved  August  31,  1898,  is 

hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  August  1,  1899.  Vol.  5,  p.  409.) 


ORDINANCE  NO.  1005. 


AN  ORDINANCE  CONCERNING  THE  SALE  TO  MINORS  OF  IN¬ 
TOXICATING  LIQUORS. 


OF  THE  CITY  OF  OAKLAND.  CAL. 


329 


The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared,  unlawful  for  any  person,  firm 
or  corporation  to,  within  the  limits  of  the  City  of  Oakland,  sell,  give 
away  or  deliver  to  any  person,  under  the  age  of  sixteen  years,  any 
spirituous,  vinous,  malt  or  other  intoxicating  liquors;  provided,  that 
this  ordinance  shall  not  apply  to  the  sale  or  delivery  of  liquors  by 
the  owner  and  proprietors  of  drug-  stores  upon  the  prescription  of 
any  regular  practicing  physician  for  medicinal  purposes. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  the  said  fine  be  not  paid,  then  the  person  or  per¬ 
sons  so  fined  may’  be  imprisoned  in  the  City  Prison  of  the  City  of 
Oakland  at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so 
imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  March  19,  1SS7.  Vol.  3,  p.  241.) 


ORDINANCE  NO.  1010. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  TAKING  OPIUM 

INTO  THE  CITY  PRISON  OF  THE  CITY  OF  OAKLAND. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person,  with¬ 
out  the  written  permission  of  the  Health  Officer  of  the  City  of  Oak¬ 
land,  to  bring  into  the  City  Prison  of  the  City  of  Oakland,  or  to  have 
in  his  possession  while  a  prisoner  in  said  City  Prison,  any  opium  or 
any  of  the  preparations  of  opium. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  dollars,  and  in  case  .said  fine  be  not  paid,  then  the  person  so 
fined  shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at 
the  rate  of  one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately'  upon  its  approval. 

(Approved  June  3,  1887.  Vol.  3,  p.  250.) 


1 


/ 


330 


\ 


\ 


GENERAL  MUNICIPAL  ORDINANCES 


/ 


ORDINANCE  NO.  1011. 


AN  ORDINANCE  TO  PREVENT  THE  IMPERSONATION  OF  CER¬ 
TAIN  PUBLIC  OFFICERS. 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person,  .within 
the  limits  of  the  City  of  Oakland,  to  falsely  represent  himself  to  be 
a  Police  Captain  or  Police  Officer,  Sheriff,  Deputy  Sheriff,  City  Mar¬ 
shal  or  Deputy  City  Marshal  or  member  of  the  Fire  Department, 
Constable  or  Deputy  Constable,  or  to  wear  any  Police,  Sheriff  or 
Deputy  Sheriff,  Marshal,  Deputy  Marshal,  Constable,  Deputy  Con¬ 
stable  or  Fire  Department  badge  with  intent  to  deceive,  or  to  use 
any  signs,  badge  or  devices  used  by  the  Police  Department  or  the 
Fire  Department  of  the  City  of  Oakland  with  intent  as  aforesaid. 

Section  2.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  and  in  case  said  fine  be  not  paid,  then  the  person  or  persons 
so  fined  shall  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland 
at  the  rate  of  one  day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force- 
immediately  upon  its  approval. 

(Approved  June  8,  1887.  Vol.  3,  p.  251.) 


ORDINANCE  NO.  1021. 


AN  ORDINANCE  PROHIBITING  THE  SOLICITING  OF  PATRON¬ 
AGE  ON  RAILROAD  TRAINS,  STEAMBOATS  OR  VEHICLES 
WITHOUT  THE  CONSENT  OF  THE  OWNERS  THEREOF 
WITHIN  THE  CORPORATE  LIMITS  OF  THE  CITY  OF  OAK¬ 
LAND. 

' 

The  Council  of  the  City  of  Oakland  do  ordain  as  follows: 

Section  1.  No  person  shall  solicit  patronage  for  any  hotel,  vehicle 
or  other  business  upon  any  railroad  train,  steamboat  or  vehicle  what¬ 
soever  within  the  corporate  limits  of  the  City  of  Oakland,  without 
first  having  obtained  permission  in  writing  so  to  do  from  the  owner, 
charterer,  lessee,  or  managing  agent  of  such  owner,  charterer  or 
lessee  of  such  railroad  train,  steamboat  or  other  vehicle. 

Section  2.  Any  person  violating  the  provisions  of  Section  1  of 


33r 


OF  THE  CITY  OF  OAKLAND,  CAL. 

/ 


this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  dollars,  or’  by  imprisonment  not  exceeding  one  day  for  each  two' 
dollars  of  the  fine  imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  October  7,  1887.  Vol.  3,  p.  259.) 


ORDINANCE  NO.  1135. 


AN  ORDINANCE  TO  PREVENT  DRUNKENNESS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  be  drunk  in  a  public  place,  or  place 
open  to  public  view,  in  the  City  of  Oakland. 

Section  2.  Every  person  violating’  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid  then  by  imprisonment  at  the,  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled  “An  Ordinance  to  Prevent  Drunk¬ 
enness  and  Disorderly  Conduct  in  the  CiOT  of  Oakland,”  approved  April 
6,  1877,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.  Vol.  3.  p.  433.) 


ORDINANCE  NO.  1137. 


AN  ORDINANCE  TO  PREVENT  PROFANE  AND  VULGAR  LAN¬ 
GUAGE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall,  in  the  City  of  Oakland,  utter  within 
the  hearing  of  twTo  or  more  persons  any  profane  or  vulgar  language, 
words,  or  epithets. 


3J2 


GENERAL  MUNICIPAL  ORDINANCES 


Section  2.  Every  person  violating-  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15.  1890.  Vol.  3,  p.  435.) 


ORDINANCE  NO.  1957. 


AN  ORDINANCE  FORBIDDING  THE  EXHIBITION  OR  OFFERING 

FOR  SALE  OF  LIVE  ANIMALS  ON  SIDEWALKS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  firm  or  corpora¬ 
tion  to  keep,  exhibit,  or  offer  for  sale,  any  live  ducks,  geese,  chickens 
or  other  animals  of  any  kind  upon  any  sidewalk  within  the  City  of 
Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  g'uilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  not  exceeding  one  hundred  ($100.00)  dol¬ 
lars,  and  in  case  said  fine  be  not  paid  then  the  person  or  persons  so 
fined  may  be  imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at 
the  rate  of  one  (1)  day  for  every  two  ($2.00)  dollars  of  the  fine  so 
imposed. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  from  its  approval. 

(Approved  January  27,  1899.  Vol.  5,  p.  340.) 


ORDINANCE  NO.  2246. 


AN  ORDINANCE  PROHIBITING  SPITTING  AND  EXPECTORATION 
IN  CERTAIN  PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  spit 
or  expectorate  within  the  City  of  Oakland  upon  the  floor  or  steps  of 


V 


N 


333 


OF  THE  CITY  OF  OAKLAND,  CAL. 

I 

any  public  car  or  conveyance,  or  upon  the  floor  or  steps  of  any  pub¬ 
lic  building,  or  upon  any  sidewalk  or  crosswalk. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  not  to  exceed  six  dollars  ($6.00),  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  in  the  City  Prison  at  the  rate 
of  one  (1)  day  for  every  two  dollars  ($2.00)  of  the  fine  so  imposed  and 
remaining  unpaid. 

Section  3.  Ordinance  No.  1967,  entitled  “An  Ordinance  Prohibiting 
Spitting  and  Expectoration  in  Certain  Places,”  approved  February  23. 
1899,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  December  12,  1903.  Vol.  6,  p.  153.) 


ORDINANCE  NO.  1139. 


AN  ORDINANCE  FOR  THE  PROTECTION  OF  THE  ALAMEDA 

BRIDGE.  SO  CALLED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  ride  or  drive  any  horse,  mule,  or 
animal  drawing  any  vehicle,  or  otherwise,  along,  upon  or  across  the 
draw  of  what  is  known  and  denominated  as  the  Alameda  bridge,  in 
the  City  of  Oakland,  at  a  rate  of  speed  faster  than  a  walk. 

Section  2.  An  ordinance,  entitled  “An  Ordinance  for  the  Protec¬ 
tion  of  What  is  Known  and  Denominated  the  Alameda  Bridge,  Etc." 
approved  July  10,  1871,  is  hereby  repealed. 

Section  3.  Any  person  violating  any  of  the  provisions  of  Sec¬ 
tion  1  of  this  ordinance  is  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars,  and  in  case  such  fine  be  not  paid,  by  imprisonment  at  the  tate 
of  one  day  for  every  two  dollars  of  such  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  Its 
approval. 

(Approved  May  15,  1890.  Vol.  3,  p.  437.) 


ORDINANCE  NO.  1140. 


AN  ORDINANCE  TO  PREVENT  HORSES  AND  MULES  FROM 
RUNNING  AWAY  IN  THE  PUBLIC  STREETS  OF  THE  CITY 
OF  OAKLAND. 


334 


GENERAL  MUNICIPAL  ORDINANCES 

# 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  leave  or  allow  any  horse  or  mule  to 
be  or  remain  standing  upon  any  of  the  public  streets  of  the  City  of 
Oakland,  unless  such  animal  is  in  some  way  properly  secured,  either 
by  hitching  or  being  under  the  personal  control  of  some  person  of 
suitable  age. 

Section  2.  An  ordinance,  entitled  “An  Ordinance  to  Prevent 
Horses  and  Other  Animals  from  Running  Away  in  the  Public  Streets 
of  the  City  of  Oakland,”  approved  May  12,  1874,  and  all  ordinances 
amendatory  thereof  are  hereby  repealed. 

Section  3.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  fine  of  not  to  exceed  one  hundred  dollars;  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.  Vol.  3,  p.  438.) 


ORDINANCE  NO.  2083. 


AN  ORDINANCE  REGULATING  THE  CARRYING  OF  CONCEALED 

WEAPONS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  in  the  City  of 
Oakland  to  wear  or  carry  concealed  about  his  person  any  pistol, 
slungshot,  brass  or  iron  knuckles,  sand  club,  dirk  or  bowie  knife,  iron 
bar  or  other  dangerous  or  deadly  weapon,  or  any  sling  or  other  con¬ 
trivance  by  which  shot  or  other  missiles  are  or  may  be  hurled  or 
projected;  provided,  that  the  provisions  of  this  ordinance  shall  not 
apply  to  any  public  peace  officer  carrying  any  suitable  weapon  to  aid 
him  in  the  discharge  of  his  official  duties  and,  provided  further,  that 
on  payment  to  the  Secretary  of  the  Board  of  Public  Works  of  a  fee 
of  $2.50  therefor,  to  be  by  him  turned  into  the  City  Treasury,  a  writ¬ 
ten  permit  may  be  granted  by  the  Mayor  for  a  period  of  not  to  ex¬ 
ceed  one  year,  to  any  peaceable  person  whose  profession  or  occu¬ 
pation  may  require  him  to  be  out  at  late  hours  of  the  night,  to  carry 
a  concealed  deadly  weapon  upon  his  person. 

Section  2.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars;  and'  in  case 


OF  THE  CITY  OF  OAKLAND,  CAL. 


335 


such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  Ordinance  No.  1141,  approved  May  15,  1890,  and  all 
other  ordinances  and  parts  of  ordinances  in  conflict  herewith  are 
hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  May  29,  1901.  Vol.  5,  p  542.) 


ORDINANCE  NO.  2202. 


AN  ORDINANCE  TO  PROHIBIT  THE  DISCHARGE  OF  CANNON. 

ANVILS,  FIREARMS  AND  FIREWORKS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  fire  or  discharge  or  cause  to  be  fired  or 
discharged,  within  the  limits  of  the  City  of  Oakland,  any  cannon,  an¬ 
vil,  gun,  pistol  or  other  firearms.  Chinese  or  other  firecracker,  bomb, 
fireworks  or  explosive  preparation  of  a  similar  natuie,  loaded  or 
charged  Avith  gun  powder,  or  any  other  explosive  material,  except  as 
hereinafter  provided. 

Section  2.  The  foregoing  provisions  as  to  the  use  of  firearms  shall 
not  apply  to  peace  officers  in  the  discharge  of  their  official  duties  and 
using  reasonable  care;  nor  to  persons  using  firearms  in  necessary  self 
defense  or  in  a  careful  manner  for  the  purpose  of  destroying  noxious 
animals  upon  land  owned  or  occupied  by  them;  nor  to  persons  firing 
firecrackers,  bombs,  fireworks,  or  similar  preparations  on  the  3d,  4th  and 
5th  days  of  July;  provided,  that  no  person  shall  fire  any  firecrackers 
or  discharge  any  bombs,  fireworks,  or  similar  preparations  upon  the 
sidewalks  or  crosswalks,  or  within  that  certain  plaza  or  park  bound¬ 
ed  by  Fourteenth  street,  Fifteenth  street  and  San  Pablo  avenue,  in  the 
City  of  Oakland,  or  upon  any  streets  fronting  on  said  park  or  plaza. 

Section  3.  Cannon,  anvils  or  fireworks  may  be  discharged  upon 
■occasions  of  public  parade,  procession  or  rejoicing,  after  permission  in 
writing  first  obtained  therefor  from  the  Mayor,  specifying  time  and 
place.  All  acts  under  such  permission  must  be  done  in  a  careful 
manner,  and  such  permission  shall  not  exempt  the  person  to  v  horn  it 
is  granted  from  any  liability  for  damage  done  to  person  oi  pioperty 
by  him  under  such  permission  . 

Section  4.  Every  person  violating  any  provisions  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun¬ 
ished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case  such 
fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day  for  every 
two  dollars  of  the  fine  so  imposed. 


336 


GENERAL  MUNICIPAL  ORDINANCES 


Section  5.  An  ordinance,  entitled  “An  Ordinance  to  Prohibit  the 
Discharge  of  Cannon,  Anvils,  Firearms  and  Fireworks,”  approved  May 
15,  1891,  and  all  ordinances  in  conflict  with  this  ordinance,  are  hereby 
repealed. 

Section  6.  This  ordinance  shall  take  effect  immediately  upon  Its 
approval. 

(Approved  June  18,  1903.  Vol.  6.  p.  81.) 


ORDINANCE  NO.  1143. 


AN  ORDINANCE  TO  PROHIBIT  THE  USE  OF  GUNS  AND  PISTOLS 

BY  CERTAIN  MINORS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall,  in  the  City  of  Oakland,  sell  or  give  to 
any  minor  child  under  the  age  of  twelve  years,  nor  allow  any  such 
child  to  use,  handle  or  discharge  any  gun  or  pistol,  or  other  similar 
instrument,  from  or  by  means  of  which  any  bullet,  shot  or  other 
missile  of  any  kind  is  or  may  be  projected  by  means  of  cartridges, 
powder  or  other  explosive. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  Sections  2  and  3  of  “An  Ordinance  Prohibiting  the 
Carrying  of  Pistols  and  Sling-shots,”  approved  May  4,  1881,  is  hereby 
repealed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1891.  Vol.  3,  p.  442.) 


ORDINANCE  NO.  1144. 

AN  ORDINANCE  FOR  THE  SUPPRESSION  OF  HOUSES  OF  ILL- 
FAME  AND  PROSTITUTION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

No  person  shall  keep  or  carry  on  or  become  an  bi¬ 


section  1. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


337 


mate  of.  or  a  visitor  to,  or  shall  in  any  way  contribute  to  the  support 
of,  any  house  of  ill-fame  or  prostitution  in  the  City  of  Oakland. 

Section  2.  No  person  shall  aid  or  assist,  or  be  engaged  in  carry¬ 
ing  on  or  causing  prostitution,  or  by  any  solicitation  induce,  or  at¬ 
tempt  to  induce,  prostitution  to  be  carried  on  in  any  house,  room  or 
place  in  the  City  of  Oakland. 

Section*  3.  An  ordinance  entitled  “An  Ordinance  for  the  Sup¬ 
pression  of  Houses  of  Ill-fame,  Etc,”  approved  September  11,  1871,  is 
hereby  repealed. 

Section  4.  Any  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.  Vol.  3,  p.  443.) 


ORDINANCE  NO.  1145. 


AN  ORDINANCE  TO  PROHIBIT  THE  USE  OF  SPRING,  BOW  AND 

AIR  GUNS  IN  PUBLIC  PLACES. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  discharge  upon  any  public  street  or 
place  in  the  City  of  Oakland  any  gun  by  means  of  which  any  missile 
is  projected  by  means  of  a  spring,  bow  or  compressed  air. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a.  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  May  15,  1890.  Vol.  3,  p.  444.) 


ORDINANCE  NO.  1219. 


AN  ORDINANCE  TO  PROVIDE  FOR  THE  KEEPING  OF  WHARVES, 
DOCKS  AND  PIERS  IN  GOOD  REPAIR. 


33$ 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Every  person  who  owns  or  has  control  of  any  wharf, 
dock  or  pier  in  the  City  of  Oakland  at  the  terminus  or  connected 
with  any  public  street,  or  upon  which  there  is  or  may  be  public  travel, 
shall  keep  the  same  in  good  condition  and  repair  sufficient  to  render 
the  same  safe  for  public  travel  and  not  dangerous  to  life,  limb  or* 
property,  and  shall  obey  all  lawful  orders  of  the  Board  of  Public 
Works  requiring  any  work  upon  or  repair  to  the  same  which  may 
be  necessary  to  put  them  in  the  condition  required  by  the  foregoing 
provisions. 

Section  2.  An  ordinance  entitled,  “An  Ordinance  to  Prevent, 
Abate  and  Remove  Public  Nuisances  Within  the  City  of  Oakland,” 
approved  December  4,  1871,  is  hereby  repealed. 

Section  3.  Every  person  violating  any  provision  of  this  ordinance 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  dollar  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
approval. 

(Approved  October  30,  1890.  Vol.  3,  p.  531.) 


ORDINANCE  NO.  1337. 


-AN  ORDINANCE  REGULATING  THE  INSPECTION  OF  THE  REG¬ 
ISTER  OF  ARTICLES  HELD  IN  PAWN  BY  PAWNBROKERS. 

Be  it  Ordained  by  the  Council  of  the  City  Of  Oakland,  as  follows: 

Section  1.  Every  person  who  carries  on  the  business  of  a  pawn¬ 
broker  in  the  City  of  Oakland  shall  at  any  time,  upon  request  of  any 
police  officer  of  the  City  of  Oakland,  produce  his  register  for  in¬ 
spection,  or  exhibit  any  articles  received  by  him  in  pledge  on  his 
account  of  sales. 

Section  2.  Every  person  violating  any  provision  of  this  ordi¬ 
nance  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  to  exceed  one  hundred  dollars,  and  in 
case  such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one 
day  for  every  two  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  entitled,  “An  Ordinance  in  Relation  to 
the  Duties  of  Pawnbrokers,  Etc,”  approved  June  9,  1873,  is  hereby 
repealed. 

Section  4.  This  ordinance  shall  mke  effect  immediately  upon  its 
approval. 

(Approved  September  30,  1891.  Vol.  3,  p.  706.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


339 


ORDINANCE  NO.  1910. 


AN  ORDINANCE  PROHIBITING  THE  SELLING  OR  OFFERING 
FOR  SALE,  BUYING  OR  OFFERING  TO  BUY,  ISSUING  OR  IN 
ANY  MANNER  DISPOSING  OF,  PURCHASING  OR  ACQUIR¬ 
ING,  ANY  INTEREST  IN  ANY  POOL.  OR  IN  ANY  POOL- 
TICKET,  CERTIFICATE,  WRITING.  OR  OTHER  EVIDENCE  OF 
THE  PAYMENT,  ACCEPTANCE,  OR  DEPOSIT  OF  MONEY" 
OR  OTHER  THING  OF  VALUE.  STAKED  UPON  THE  RESULT 
OF  ANY  CONTEST  BETWEEN  MEN  OR  HORSES,  AND  THE 
MAKING  OF  BETS  OR  WAGERS  ON  SUCH  CONTESTS,  AND 
THE  ACTING  AS  STAKEHOLDER  OF  BETS  OR  WAGERS  ON 
SUCH  CONTESTS,  WITHIN  THE  CITY  OF  OAKLAND,  AND 
PROVIDING  A  PENALTY  FOR  THE  VIOLATION  THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall,  within  the  City  of  Oakland,  sell  or 
•offer  for  sale,  buy  or  offer  to  buy,  issue  or  in  any  manner  dispose  of, 
purchase  or  acquire,  any  interest  in  any  pool,  or  in  any  pool -ticket, 
certificate,  writing  or  other  evidence  of  payment,  acceptance  or  de¬ 
posit  of  money  or  other  thing  of  value,  staked  upon  the  result  of  any 
■contest  between  men  or  horses. 

Section  2.  No  person  shall,  within  said  city,  make  any  bet  or 
lay  any  wager  on  such  a  contest,  or  act  as  stakeholder  of  any  bets  or 
wagers  laid  thereon,  or  receive  or  pay  over  any  money  or  article  or 
thing  of  value,  the  possession,  right  of  possession,  ownership,  or  value 
of  which  has  been,  is,  or  is  to  be,  determined  by  any  such  contest,  or 
is,  or  is  to  be,  in  any  way  dependent  upon  the  result  thereof. 

Section  3.  No  person  shall  lease  or  rent  any  building,  structure, 
room,  apartment,  place  or  premises  whatever,  within  the  City  of  Oak¬ 
land,  or  permit  the  same  to  be  used  or  occupied  for  any  of  the  pur¬ 
poses  mentioned  in  and  prohibited  by  this  ordinance. 

Section  4.  Every  person  who  shall  violate  any  of  the  provisions 
of  this ,  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  more  than  five 
hundred  ($500.00)  dollars,  and  if  such  fine,  or  any  part  thereof,  be  not 
paid,  then  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  (1) 
day  for  each  two  ($2.00)  dollars  of  the  fine  so  imposed  and  remain¬ 
ing  unpaid. 

Section  5.  Ordinance  No.  1424,  approved  May  27,  1892,  and  all 
other  ordinances  and  parts  of  ordinances  in  conflict  with  this  ordinance 
are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  June  2,  1898.  Vol.  5,  p.  281.) 


340 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  1462. 


AN  ORDINANCE  FOR  THE  REGULATION  OF  THE  STORAGE, 
SALE  AND  CARRIAGE  OF  GUN  POWDER,  BLASTING  POW¬ 
DER,  GIANT  POWDER  .  GUN-COTTON,  NITRO- GLYCERINE, 
DYNAMITE,  FIREWORKS  AND  OTHER  COMBUSTIBLE  OR 
EXPLOSIVE  MATERIAL  WITHIN  THE  LIMITS  OF  THE  CITY 
OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  or  persons,  firm  or  corporation,  shall  keep, 
sell  or  give  away,  within  the  corporate  limits  of  the  City  of  Oakland,  any 
gun  powder,  blasting  powder,  giant  powder,  gun-cotton,  nitro-glycerine 
or  dynamite  in  any  quantity  without  first  obtaining  from  the  City 
Tax  Collector  a  license  therefor. 

Section  2.  No  person  or  persons,  firm  or  corporation,  shall  store 
or  keep  for  sale  at  his,  their  or  its  place  of  business,  or  elsewhere, 
within  the  corporate  limits  of  the  City  of  Oakland,  a  greater  quantity 
of  gun  powder,  blasting  powder,  giant  powder,  gun-cotton,  nitro-glyeer- 
ine  or  dynamite,  than  fifty  (50)  pounds  at  any  one  time,  and  the  same 
shall  then  be  kept  in  tin  cannisters  or  cases,  containing  not  to  exceed 
thirty  pounds  each,  and  in  a  situation  remote  from  fires,  lighted 
lamps,  candles,  gas  or  other  inflammable  matter,  and  from  which  situ¬ 
ation  the  same  may  be  easily  removed  in  case  of  fire. 

Section  3.  No  person  or  persons  shall  carry  or  convey  any  gun. 
powder,  blasting  powder,  giant  powder,  gun-cotton,  nitro-glycerine  or 
dynamite  exceeding  fifty  pounds  in  quantity  through  any  street,  lane, 
alley,  highway  or  road  within  the  limits  of  the  City  of  Oakland  in 
tiny  cart,  wagon,  dray  or  wheelbarrow,  or  otherwise,  unless  the  same 
be  secured  in  tight  cases  or  kegs,  well  headed  and  hooped  and  put 
into  and  entirely  covered  with  a  good,  tight  and  substantial  leather 
bag  sufficient  to  prevent  the  same  from  being  spilled  or  scattered, 
or  unless  the  same  is  put  into  a  well  covered  and  perfectly  water-tight 
box,  the  bottom  and  sides  of  which  shall  be  completely  covered  with 
zinc,  or  unless  such  gun  powder,  blasting  powder,  giant  powder,  gun¬ 
cotton,  nitro-glycerine  or  dynamite  be  secured  in  water-tight  patent 
metallic  cases  or  kegs. 

Section  4.  No  person  or  persons,  firm  or  corporation  shall  store 
within  the  limits  of  the  City  of  Oakland  any  gun  powder,  blasting 
powder,  giant  powder,  gun-cotton,  nitro-glycerine,  dynamite,  fire¬ 
works  or  other  explosive  material  in  any  house,  barn,  shed,  ware¬ 
house.  magazine  or  other  building,  except  in  a  regular  store  where  the 
same  is  kept  for  sale,  without  the  consent  in  writing  of  all  the  prop¬ 
erty  owners  and  residents  within  one  thousand  feet  of  such  storage, 
and  also  the  permission  by  resolution  from  the  Council  of  the  City 
of  Oakland  must  be  obtained  before  any  such  storage  can  be  made. 


/ 


OF  THE  CITY  OF  OAKLAND,  CAL.  34 1 

Section  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars:  and  in  case  the  fine  be  not  paid,  the  person  so  fined  shall  be 
imprisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of 
one  day’s  imprisonment  for  every  two  dollars  of  the  fine  imposed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  October  5,  1892.  Vol.  4,  p.  29<.) 


ORDINANCE  NO.  1906. 


AN  ORDINANCE  REGULATING  THE  STORAGE  OF  KEROSENE, 
COAL  OIL,  AND  ALL  REFINED  PRODUCTS  OF  CRUDE  PE¬ 
TROLEUM.  WITHIN  THE  LIMITS  OF  THE  CITY  OF  OAK¬ 
LAND,  AND  IMPOSING  A  PENALTY  FOR  THE  VIOLATION 
THEREOF. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation  to  keep,  store  or  permit  to  be  kept  or  stored,  in  oi 
upon  any  premises  owned  or  controlled  by  such  person,  firm  or  cor¬ 
poration.,  within  the  limits  of  the  City  of  Oakland,  any  kerosene,  coal 
oil,  or  any  of  the  refined  products  of  crude  petroleum,  in  larger  Quan¬ 
tities  than  1500  gallons,  except  in  that  portion  of  said  city  bounded  and 
described  as  follows,  to- wit: 

Beginning  at  the  point  of  intersection  of  the  center  line  of  1  eialta, 
street  with  the  center  line  of  Twentieth  street,  and  running  thence 
northerl^along  the  center  line  of  Peralta  street  to  the  center  line  of 
Twenty-sixth  street;  thence  westerly  along  the  center  line  of  Twenty- 
sixth  street  and  its  westerly  projection  to  the  line  between  Sections 
21  and  22,  according  to  Map  Number  11  of  the  salt  marsh  and  tide 
land,  survey;  thence  southerly  along  the  said  line  between  Sections  21 
and  ’ 22  of  the  above-named  survey  to  the  center  line  of  Twentieth 
street,  produced  westerly;  thence  easterly  along  the  said  westerly  pro¬ 
jection  of  and  the  center  line  of  Twentieth  street  to  the  place  of  be¬ 
ginning.  Provided,  however,  that  the  provisions  of  this  ordinance  shall 

not  apply  to  crude  petroleum. 

Section  2.  All  buildings  or  structures  to  be  used  for  the  storage 
of  kerosene,  coal  oil,  or  any  of  the  refined  products  of  crude  petroleum, 
within  the  limits  of  the  City  of  Oakland,  shall  be  constructed  of 
brick  or  stone,  not  to  exceed  one  story  in  height,  and  the  walls  of 
said  buildings  shall  not  be  less  than  sixteen  (16)  inches  in  thickness, 


/ 


34  2 


GENERAL  MUNICIPAL  ORDINANCES 


and  must  in  all  respects  be  fireproof  and  devoted  exclusively  to  the 
storage  of  kerosene,  coal  oil.  or  any  of  the  refined  products  of  crude 
petroleum,  and  all  kerosene,  coal  oil,  and  any  of  the  refined  produces 
of  crude  petroleum,  shall  be  kept  at  all  times  in  metal  cans  or  iron 
tanks. 

Section  3.  An  ordinance  entitled  “An  Ordinance  Regulating  the 
Storage  of  the  Refined  Products  of  Petroleum,”  approved  May  19, 
1880,  and  an  ordinance  entitled  “An  Ordinance  Regulating  the  Stor¬ 
age  ot  the  Refined  Products  of  Petroleum  in  the  City  of  Oakland,  Cal.,” 
approved  June  4,  1891,  and  an  ordinance  entitled,  “An  Ordinance  Regu¬ 
lating  the  Storage  of  Petroleum,  Kerosene,  Coal  Oil,  or  the  Refined 
Products  Thereof,  Within  the  Limits  of  the  City  of  Oakland,”  ap- 
proved  June  10,  1893,  and  all  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Section  4.  Every  person,  firm  or  corporation  violating  any  pro- 
\  ision  of  this  ordinance  shall  be  deemed  guilty  of  a.  misdemeanor,  and 
upon  conviction  thereof  may  be  fined  in  a  sum  not  to  exceed  five 
hundied  ($500.00)  dollars,  and  in  case  said  sum  be  not  paid,  then  the 
person  or  persons  so  fined  may  be  imprisoned  in  the  City  Prison  of 
the  City  of  Oakland  at  the  rate  of  one  (1)  day  for  every  two  ($2.00) 
dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  full  force 
on  and  after  its  passage  and  approval. 

(Approved  May  19,  1898.  Vol.  5,  p.  274.) 


ORDINANCE  NO.  1537. 


AN  ORDINANCE  TO  REGULATE  THE  ENTRANCE  TO  AND  EXIT 
FROM  THEATERS,  LECTURE  ROOMS,  PUBLIC  HALLS  AND 
CHURCHES,  AND  TO  PROHIBIT  THE  PLACING  OF  CHAIRS, 
STOOLS,  BENCHES  OR  OTHER  OBSTACLES  IN  THE  AISLES 

OF  SUCH  BUILDINGS. 

/ 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows. 

Section  1.  All  buildings  now  erected,  or  to  be  erected  in  the  City 
of  Oakland,  and  used  for  public  assemblages,  in  whole  or  in  part, 
shall,  for  the  public  safety,  have  doors  for  the  ingress  and  egress  of 
the  public  to  the  portions  so  used  for  said  assemblages  so  constructed 
that  they  shall  open  both  inwardly  and  outwardly,  and  in  no  case 
shall  they  be  constructed  to  open  inwardly,  or  to  slide,  and  all  build¬ 
ings  altered  or  changed  for  use  of  public  assemblages,  in  respect  to 
the  doors  therein,  shall  be  made  to  conform  to  the  provisions  of  till* 
.section. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


343 


The  owner  and  the  lessee  of  any  building-  used  for  public  assem¬ 
blages,  which  does  not  conform  to  this  section,  shall  be  liable  for  the 
violation  of  this  ordinance. 

Section  2.  All  the  main  aisles  and  passage  ways  in  buildings  used 
for  public  assemblages  shall  be  kept  free  from  campstools,  chairs, 
benches,  sofas  or  other  obstructions,  during  any  performance,  service, 
exhibition,  lecture,  concert,  ball  or  any  assemblage  whatever,  ana 
all  buildings  hereafter  erected,  altered  or  changed,  and  intended  for 
use  for  public  assemblages,  shall  have  the  main  aisle  and  passage  way 
of  at  least  twenty  inches  in  width  for  every  one  hundred  persons  or 
parts  thereof  to  be  provided  for,  and  no  aisle  or  passage  way  shall  be 
less  than  three  feet  six  inches  at  the  narrowest  points,  and  every  door¬ 
way  communicating  with  the  aisles  and  passage  ways  in  the  auditor¬ 
ium  shall  have  a  clear  opening  of  not  less  than  the  full  width  of  the 
aisles  and  passage  ways  leading  to  such  doorway,  and  each  door  shall 
open  outwardly. 

The  lessee  of  the  auditorium  and  the  manager  of  the  exhibition 
lecture,  concert,  ball  or  entertainment  being  held  when  this  section 
is  violated,  shall  be  liable  for  the  violation  of  this  ordinance. 

The  trustees  or  committee  of  the  congregation  or  association 
calling,  inviting  or  holding  the  services,  and  who  have  the  control 
of  the  room  in  which  such  service  is  held  when  this  section  is  violated 
shall  be  jointly  and  severally  liable  for  the  violation  of  this  ordinance. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic¬ 
tion,  shall  be  punished  by  a  fine  of  not  more  than  one  hundred  ($100) 
dollars,  or  by  imprisonment  in  the  City  Prison  for  not  more  than  six 
months,  or  by  both  fine  and  imprisonment;  and  in  case  the  fine  is 
not  paid,  then  by  additional  imprisonment  of  one  day  for  every  two 
dollars  of  the- fine  imposed,  and  the  continuance  or  maintaining  of  a 
violation  of  this  ordinance  shall  be  deemed  a  new  offense  for  each 
day  on  which  the  same  is  so  continued  or  maintained,  and  shall  be 
punished  accordingly. 

Section  4.  This  ordinance  snail  take  effect  thirty  days  after  its 
passage. 

(Approved  July  3,  1893.  Vol.  4,  p.  443.) 


ORDINANCE  NO.  1978. 


AN  ORDINANCE  PROHIBITING  RBRSONS  FROM  DEALING, 
PLAYING,  OPENING  OR  CONDUCTING  THE  GAME  OF 
KENO  OR  PERMITTING  THE  SAME  TO  BE  PLAYED,  CON¬ 
DUCTED  OR  CARRIED  ON  WITHIN  THE  CITY  OF  OAKLAND, 
AND  PRESCRIBING  A  PENALTY  FOR  ITS  VIOLATION. 


344 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  deal, 
play  or  carry  on,  open,  or  cause  to  be  opened,  or  to  conduct,  either  as 
owner  or  employe,  whether  for  hire  or  not,  any  game  of  keno,  or  to 
play  or  bet  at  or  against  said  game. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  to  know¬ 
ingly  permit  any  game  of  keno  mentioned  in  the  preceding  section  to 
be  played,  conducted,  carried  on,  or  dealt  in  any  house  owned  or 
rented  by  such  person  in  whole  or  in  part. 

Section  3.  Every  person  who  violates  any  provision  of  this  ordi¬ 
nance  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereor 
shall  be  fined  in  a  sum  not  less  than  twenty-five  ($25.00)  dollars,  nor 
more  than  two  hundred  and  fifty  ($250.00)  dollars,  and  if  said  sum  be 
not  paid  shall  be  punished  by  imprisonment  in  the  City  Prison  at  the 
rate  of  one  (1)  day  for  each  two  ($2.00)  dollars  of  the  fine  so  im¬ 
posed  and  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  April  18,  1899.  Vol.  5,  p.  368.) 


ORDINANCE  NO.  1987. 


AN  ORDINANCE  PROHIBITING  THE  PUBLIC  EXHIBITION  OF 
OR  OFFERING  FOR  PUBLIC  EXHIBITION,  OR  KEEPING  OR 
PLACING  ACCESSIBLE  TO  THE  PUBLIC,  WITHIN  THE 
CITY  OF  OAKLAND,  ANY  LEWD,  VULGAR,  OBSCENE  OR 
LICENTIOUS  PICTURE'S,  AND  PROHIBITING  THE  RENDER¬ 
ING  OF,  BY  MEANS  OF  MECHANICAL  DEVICE,  ACCESSIBLE 
TO  THE  PUBLIC,  ANY  LEWD,  VULGAR,  OBSCENE  OR  LI¬ 
CENTIOUS  SONG,  SPEECH,  JEST,  MONOLOGUE,  DIALOGUE 
OR  REPRODUCTION  OF  THE  HUMAN  VOICE  UTTERING 
IMMORAL,  OBSCENE,  LEWD,  LICENTIOUS  OR  PROFANE 
WORDS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  company  or  corporation  shall  exhibit  pub¬ 
licly,  or  offer  for  public  exhibition,  or  keep  or  place  accessible  to  the 
public,  within  the  City  of  Oakland,  any  lewd,  vulgar,  obscene  or  li¬ 
centious  pictures,  or  keep  or  maintain,  or  place  accessible  to  the  pub¬ 
lic  any  mechanical  device  rendering  any  lewd,  vulgar,  obscene  or  li¬ 
centious  song,  speech,  jest,  monologue,  dialogue,  or  any  reproduction 
of  the  human  voice  uttering  immoral,  obscene,  lewd,  vulgar,  licentious 
or  profane  words. 


OF  THE  CITY  OF  OAKLAND.  CAL. 


345 


Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  ($100)  dollars  for  each  offense,  and  in  case  said  fine  be  not  paid, 
then  the  person  so  fined  shall  be  imprisoned  in  the  City  Prison  at  the 
rate  of  one  (1)  day  for  each  two  ($2.00)  dollars  of  the  fine  so  im¬ 
posed  and  remaining  unpaid. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  June  6,  1899.  Vol.  5,  p.  382.) 


ORDINANCE  NO.  1540. 


AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  ENTITLED  “AN 

ORDINANCE  PROHIBITING  BOYS  FROM  GETTING  ON  AND 

OFF  RAILROAD  CARS  WHILE  IN  MOTION,”  APPROVED  OC¬ 
TOBER  5,  1880. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  boy  under  the  age  of 
sixteen  years  to  get  on,  or  attempt  to  get  on,  or  to  get  off,  or  at¬ 
tempt  to  get  off,  from  any  car  or  train  propelled  either  by  steam,  cable, 
horses  or  electricity  while  the  said  car  or  train  is  in  motion,  at  any 
place  in  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall  be  fined  in  a  sum  not  exceeding  fift>  dollars, 
and  in  case  the  fine  be  not  paid,  shall  be  imprisoned  in  the  City  Jail 
of  the  City  of  Oakland  at  the  rate  of  one  day  for  each  two  dollars  of 
the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  July  19,  1893.  Vol.  4,  p.  447.) 

[Note — Although  the  title  of  this  ordinance  indicates  an  inten¬ 
tion  to  amend  Ordinance  No.  875,  it  is  supplementary  to  it.] 


ORDINANCE  NO.  1544. 


AN  ORDINANCE  PROVIDING  FOR  AND  REGULATING  THE  RE¬ 
CEIVING  AND  WEIGHING  OF  SUPPLIES  FURNISHED  TO  THE 
CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


346 


GENERAL  MUNICIPAL  ORDINANCES 


Section  1.  It  is  hereby  made  the  duty  of  the  Chief  of  Police. 
Chief  of  the  Fire  Department,  Superintendent  of  Schools,  Secretary 
of  the  Board  of  Public-  Works  and  City  Clerk,  and  they  and  each 
of  them  are  hereby  directed,  authorized  and  required  to  carefully 
weigh  upon  the  city  scales  all  supplies  furnished  to  the  City  of  Oak¬ 
land  by  weight,  for  use  in  their  several  departments. 

Section  2.  Immediately  upon  and  following-  the  weighing  of  Said 
supplies,  the  person  •  specified  and  mentioned  in  Section  1  of  this 
ordinance  shall  make  out,  sign  and  deliver  a  certificate,  written  in 
ink,  to  the  person  delivering  said  supplies,  certifying  to  the  weight, 
and  quantity  of  the  supplies  thus  weighed. 

Section  3.  Said  certificate  shall  be  attached  to  and  become  a  part 
of  all  bills,  claims  or  demands  against  the  City  of  Oakland  for  sup¬ 
plies  furnished  to  the  City  of  Oakland  by  weight,  for  use  ill  the  various 
departments  thereof. 

Section  4.  No  bills,  demands  or  claims  against  the  City  of  Oak¬ 
land  for  supplies  of  the  kind  mentioned  above  shall  be  audited  or  paid 
unless  the  certificate  provided  for  above  be  attached  to  said  bill,  claim 
or  demand. 

Section  5.  All  ordinances  or  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  approval. 

(Approved  July  27,  1893.  Vol.  4,  p.  452.) 


ORDINANCE  NO.  1604. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  BECOMING  IN¬ 
MATES  OF  OR  VISITORS  TO  ANY  OFFICE,  ROOM,  ETC.,  FOR 
THE  SALE  OR  PREPARATION  OF  LOTTERY  TICKETS,  OR 
FOR  THE  DRAWING  OF  ANY  LOTTERY,  ETC. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  within  the  limits 
of  the  City  of  Oakland  to  become  an  inmate  of,  or  visitor  to,  or  in 
any  manner  contribute  to  the  support  of  any  office,  room  or  place, 
where  any  lottery  is  or  is  about  to  be  contrived,  prepared,  set  up,  pro¬ 
posed  or  drawn;  any  office,  room  or  place  for  the  sale  of  or  for  regis¬ 
tering  the  number  of  any  ticket  in  any  lottery;  or  to  knowingly  let 
or  underlet,  or  transfer  the  possession  of,  for  use  of  any  person,  for  any 
of  said  purposes;  or  to  permit  any  premises  to  be  occupied  or  used 
by  any  persons  for  any  of  said  purposes  after  he  shall  have  notice  of 
such  occupation  or  use. 


OF  THE  CITY  OF  OAKLAND,  CAL. 


347 


Section  2.  Any  person  violating  .any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  punished  by  a  fine  not  exceeding  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here- 
w  ith  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  approval. 

(Approved  April  23,  1894.  Vol.  4,  p.  551.) 


ORDINANCE  NO.  1605. 


AN  ORDINANCE  PROHIBITING  PERSONS  FROM  HAVING  IN 

THEIR  POSSESSION  LOTTERY  TICKETS  OR  ANY  TOOLS  OR 

INSTRUMENTS  USED  OR  INTENDED  TO  BE  USED  IN  MAK¬ 
ING  SAID  TICKETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  have  in  his 
possession,  unless  it  be  shown  that  such  possession  is  innocent,  or 
for  a  lawful  purpose,  any  lottery  ticket,  tickets,  certificates,  paper  or 
instrument  purporting  or  representing,  or  understood  to  be,  or  to 
represent  any  ticket,  chance,  share  or  interest  in  or  depending  upon 
the  event  of  any  lottery,  tool,  instrument,  stamp  or  device  used  or  in¬ 
tended  to  be  used  in  or  for  contriving,  setting  up.  preparing  or  draw¬ 
ing  any  lottery,  or  used  or  intended  to  be  used  in  or  for  contriving, 
preparing,  making,  writing,  printing,  stamping  or  getting  ready  for 
sale  or  distribution  any  lottery  ticket  or  tickets. 

Section  2.  Every  person  found  in  any  room,  office  or  apartment, 
or  place  where  any  of  such  articles  above  enumerated  are  discovered 
shall,  unless  the  contrary  appears,  be  deemed  to  have  possession  of 
the  same. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
be  punished  by  a  fine  not  to  exceed  five  hundred  dollars,  or  by  im¬ 
prisonment  for  not  more  than  six  months,  or  by  both  such  fine  and 

imprisonment. 

Section  4.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  5.  This  ordinance  shall  take  effect  and  be  of  full  force 
from  and  after  its  approval. 

(Approved  April  23,  1894.  Vol.  4,  p.  553.) 


* 


348 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  1874. 


AN  ORDINANCE  PROHIBITING-  THE  OFFERING.  SELLING.  OR 
GIVING  AWAY,  AS  AN  INDUCEMENT  FOR  THE  PURCHASE 
OF  GOODS,  ANY  TICKET,  STAMP,  COUPON,  OR  THING  EN¬ 
TITLING  THE  HOLDER  TO  ANY  GIFT.  REWARD  OR  PRIZE, 
OR  TO  A  CHANCE  TO  OBTAIN  A  GIFT.  REWARD  OR  PRIZE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person,  firm  or  corporation  shall  sell  or  give  away, 
or  offer  to  sell,  or  give  away,  as  an  inducement  for  the  purchase  of 
goods,  wares  or  merchandise,  any  ticket,  stamp,  coupon,  writing  or 
thing,  entitling-  the  holder  thereof  to  any  gift,  reward  or  prize,  or  to 
a  chance  to  obtain  any  gift,  reward  or  prize. 

Section  2.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  of  not  to  exceed  one  hun¬ 
dred  ($100.00)  dollars,  and  in  default  of  payment  of  said  fine  or  any 
portion  thereof,  shall  be  imprisoned  in  the  City  Prison  at  the  rate  of 
one  (1)  day  for  each  two  ($2.00)  dollars  thereof  remaining  unpaid. 

Section  3.  •  This  ordinance  shall  take  effect  from  its  passage  and 
approval. 

(Approved  March  1,  1898.  Vol.  5,  p.  237.) 


ORDINANCE  NO.  1672. 


AN  ORDINANCE  TO  REGULATE  THE  HOURS  FOR  KEEPING 
OPEN  OF  LIQUOR  SALOONS,  BARS,  STORES,  DRAM  SHOPS. 
TIPPLING  PLACES,  STANDS  AND  ALL  PLACES  WITHIN  THE 
CITY  OF  OAKLAND  WHERE  SPIRITUOUS,  MALT  OR  FER¬ 
MENTED  LIQUORS  OR  WINES,  OR  ANY  ADMIXTURE  THERE¬ 
OF  ARE  SOLD  OR  GIVEN  AWAY. 

« 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful,  after  the  passage  of  this  ordinance, 
to  keep  open  within  the  limits  of  the  City  of  Oakland,  between  the 
hours  of  twelve  o’clock  midnight,  and  five  o’clock  a.  m.,  any  liquor 
saloon,  bar,  store,  dram  shop,  tippling  place,  stand  or  any  place  where 
spirituous,  malt  or  fermented  liquors  or  wines,  or  any  admixture 
thereof  are  sold  or  given  away;  or  to  sell  or  give  away  any  spirituous, 
malt  or  fermented  liquors  or  wines  or  any  admixture  thereof,  be- 


OF  THE  CITY  OF  OAKLAND.  CAL. 


349 


tween  the  hours  of  midnight  and  five  o'clock  a.  m.,  in  any  liquor 
saloon,  bar,  store,  dram  shop,  tippling  place,  stand  or  any  place  where 
spirituous,  malt  or  fermented  liquors  or  wines,  or  any  admixture 
thereof  are  sold  or  given  away j  provided,  hove\er,  that  this  ordinance 
shall  not  be  construed  to  prevent  the  sale  of  alcoholic  liquors  in  a 
drug  store  for  medicinal  purposes. 

Section  2.  Any  person  violating  any  of  the  provisions  of  Section 
1  of  this  ordinance  shall  be  deemed,  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  be  punished  by  a  fine  not  to  exceed  one  hun¬ 
dred  dollars,  and  in  case  the  said  fine  be  not  paid,  then  the  person  oi 
persons  so  fined  may  be  imprisoned  in  the  City  Jail  at  the  rate  of 
one  day  for  every  tvro  dollars  of  the  fine  so  imposed. 

Section  3.  An  ordinance  of  the  City  of  Oakland,  entitled  “An 
Ordinance  to  Regulate  the  Hours  for  Keeping  Open  of  Bars,  Liquor 
Saloons,  and  All  Places  Within  the  City  of  Oakland  Where  Spirit¬ 
uous,  Malt  or  Fermented  Liquors  or  Wines  are  Sold  in  less  Quan¬ 
tities  Than  One  Quart,”  passed  November  9th  A.  D  1874,  and  approved 
November  9,  1874,  is  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  force  on  and 
after  its  approval. 

(Approved  March  21,  1895.  Vol.  4,  p.  671.) 


ORDINANCE  NO.  1691. 


AN  ORDINANCE  RESTRICTING  THE  EXPLODING  OF  CHINA 
BOMBS  AND  SIMILAR  EXPLOSIVES  WITHIN  THE  LIMITS  OF 
THE  CITY  OF  OAKLAND,  AND  PROVIDING  A  PENALTY  FOR 
THE  VIOLATION  THEREOF. 

Bp  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to  cause 
to  explode  any  China  bomb  or  other  package  charged  with  a  like 
quan'tit v  of  povTder  in  any  street  within  the  fire  limits  of  this  city,  or 
on  any  sidewalk  within  the  limits  of  the  City  of  Oakland. 

Section  2.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  subject  to  and  pay  a  fine  not  exceeding  one  hundied  dollars. 

case  the  fine  so  imposed  be  not  paid  such  guilty  peison  shall 
be  imprisoned  in  the  City  Prison  at.  the  rate  of  one  day  for  each  $2 

of  the  fine  so  imposed  and  unpaid. 

Section  3.  All  ordinances  and  parts  of  ordinances  in  conflict  here¬ 
with  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  upon  its  approval. 
(Approved  July  2,  1895.  Vol.  4,  p.  697.) 


350 


GENERAL  MUNICIPAL  ORDINANCES 


ORDINANCE  NO.  1708. 


AN  ORDINANCE  TO  PROHIBIT  THE  DEFACING  OF  SIDEWALKS 

BY  ADVERTISING  NOTICES  OR  SIGNS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  or  per¬ 
sons  to  stick,  stamp,  paint  or  otherwise  affix,  or  cause  to  be  stuck, 
stamped,  painted  or  otherwise  affixed,  any  bill,  poster,  notice,  ad¬ 
vertisement,  or  sign,  upon  any  sidewalk  in  the  City  of  Oakland. 

Section  2.  Any  person  violating-  this  ordinance  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars,  and  in  case  such  fine  be  not  paid, 
then  the  person  or  persons  so  fined  may  be  imprisoned  in  the  City 
Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for  every  two 
dollars  of  the  fine  so  imposed. 

Section  3.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  November  2,  1895.  Vol.  5,  p.  4.) 

[Note — See  Ordinance  No.  932.] 


l 

ORDINANCE  NO.  1724. 


AN  ORDINANCE  TO  PROTECT  THE  PARKS  OF  THE  CITY  OF 

OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  trespass  upon  the  grass  of  the  city  parks,  or  to  pick  flowers  from 
the  same,  or  in  any  way  to  damage  the  trees,  floral  beds,  buildings, 
benches,  seats,  fountains  or  any  fixtures  connected  therewith.  Tramps 
and  disorderly  crowds  are  not  allowed  upon  the  grounds.  Sleeping- 
on  the  benches  or  seats,  and  pilfering  or  vandalism  of  any  sort  is 
strictly  prohibited. 

Section  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  exceeding-  one  hundred  ($100.00)  dollars,  and  in 
case  the  fine  be  not  paid,  the  person  so  fined  shall  be  imprisoned  in 
the  City  Prison  until  the  fine  is  satisfied  at  the  rate  of  one  (1)  day 
for  every  two  ($2)  dollars  of  the  fine  imposed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  full  force 
and  effect  on  and  after  its  approval. 

(Approved  January  24,  1896.  Vol.  5,  p.  23.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


351 


ORDINANCE  NO.  1738. 


AN  ORDINANCE  GRANTING  TO  PIEDMONT  SANITARY  DIS¬ 
TRICT,  A  MUNICIPAL  CORPORATION,  THE  RIGHT  TO  CON¬ 
NECT  THE  SEWER  SYSTEM  (TO  BE  CONSTRUCTED  BY  SAID 
SANITARY  DISTRICT)  AT  THE  NORTHERN  BOUNDARY  LINE 
OF  THE  CITY  OF  OAKLAND  WITH  THE  SEWER  TO  BE  CON¬ 
STRUCTED  BY  SAID  CITY  OF  OAKLAND,  IN  STREETS 
KNOWN  AS  PLEASANT  VALLEY  AVENUE  AND  LAKE  AVE¬ 
NUE,  AND  PRESCRIBING  THE  TERM  FOR  WHICH  AND  THE 
CONDITIONS  UPON  WHICH  SUCH  RIGHT  MAY  BE  USED. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section *1.  Whereas,  the  Piedmont  Sanitary  District,  a  municipal 
corporation,  is  about  to  construct  a  sewer  system  in  said  district, 
and  has  petitioned  this  Council  for  permission  to  connect  said  system 
with  the  sewer  now  constructed  on.  the  east  side  of  Lake  Merrit,  in 
the  City  of  Oakland,  and  known  as  the  East  Side  Sewer,  such  con¬ 
nection  to  be  made  at  the  northern  boundary  line  of  the  City  of  Oak¬ 
land  and  with  the  sewer  to  be  ordered  to  be  constructed  bj  the  Oit> 
of  Oakland,  in  the  streets  known  as  Pleasant  Valley  avenue  and  Lake 

avenue  and, 

Whereas,  in  consideration  of  said  right  being  granted,  said  Pied¬ 
mont  Sanitary  District  agrees  to  pay  to  the  City  of  Oakland  the  sum 
of  $5000,  and  observe  and  perform  the  provisions  and  covenants  here¬ 
inafter  mentioned. 

Therefore,  Be  it  ordained  that  said  Piedmont  Sanitary  District 
be,  and  it  is  hereby  granted  the  right  to  make  the  conection  above 
mentioned,  upon  the  terms  and  conditions  specified  in  Section  2 

hereof. 

Section  2.  Said  sum  of  $5000  shall  be  paid  before  the  connec¬ 
tion  above  mentioned  is  made.  Said  Piedmont  Sanitary  District  shall 
construct  according  to  plans,  line  and  grade  of  the  City  Engineer  of 
the  City  of  Oakland  and  to  the  satisfaction  of  the  Superintendent  of 
Streets  of  the  City  of  Oakland,  a  16-inch  vitrified  ironstone  pipe  sewer 
from  Lake  avenue  to  the  sewer  in  Lake  Shore  avenue  and  shall  not 
connect  catch  basins  with  the  sewer  to  be  constructed  by  said  sanitary 
district  in  its  own  district. 

The  right  hereby  granted  shall  continue  for  six  years,  and  for 
such  longer  period  of  time  as  the  sewer  now  constructed  along  the 
east  side  of  Lake  Merritt  and  known  as  the  East  Side  Sewer  shall, 
in  the  judgment  of  this  Council,  be  of  sufficient  capacity  to  carry  the 
sewage  of  said  sanitary  district  and  the  drainage  of  the  district  tribu¬ 
tary  to  said  Second  Avenue  Sewer,  situated  within  the  limits  of  the 
City  of  Oakland,  the  exercise  of  which  judgment  shall  be  conclusive. 


352 


GENERAL  MUNICIPAL  ORDINANCES 


This  Council  shall  cause  to  be  constructed  a  sewer  along  said 
Pleasant,  avenue  and  Lake  avenue,  from  a  point  distant  southerly  about 

feet  from  the  southerly  line  of  Perry  street  to  the  northern  bound¬ 
ary  line  of  the  City  of  Oakland,  and  shall  have  the  same  completed 
and  ready  for  use  within  ninety  days  after  the  time  when  the  connec¬ 
tion  of  the  sewer  of  said  sanitary  district  is  ready  to  be  made.  Said 
sewer  to  be  constructed  shall  be  of  12,  14  and  16  inch  vitrified  iron¬ 
stone  pipe,  according  to  plans  submitted  by  the  City  Engineer  of  the 
City  of  Oakland. 

Section  3.  In  the  event  that  said  Piedmont  Sanitary  District 
shall  violate  any  of  the  provisions  of  this  ordinance,  the  City  Council 
shall  declare  all  rights  and  privileges  granted  hereby  terminated  and 
the  connection  herein  provided  for  shall  be  severed  and  discontinued. 

Section  4.  This  ordinance  shall  take  effect  immediately  upon  its 
passage  and  approval. 

(Approved  March  20,  1896.  Vol.  5,  p.  40.) 


ORDINANCE  NO.  2063. 


AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  TOWN  OF 
EMERYVILLE  TO  CONNECT  CERTAIN  SEWERS  OF  SAID 
TOWN  WITH  THE  SEWERS  OF  THE  CITY  OF  OAKLAND  UP¬ 
ON  CERTAIN  CONDITIONS  HEREIN  SET  FORTH. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows. 

Section  1.  Whereas,  application  has  been  made  by  the  Town  of 
Emeryville  for  permission  to  connect  certain  sewers  of  said  town  with 
the  sewers  of  the  City  of.  Oakland,  and 

Whereas,  in  consideration  of  the  City  of  Oakland  granting  such 
permission,  the  said  Town  of  Emeryville  agrees  to  grant  to  the  City 
of  Oakland  a  right  of  way,  or  rights  of  way,  for  the  construction  of 
and  permission  to  construct  an  outlet  sewer  or  sewers  for  the  City  of 
Oakland  through  and  along  those  certain  streets  of  said  town  as  are 
laid  down  and  delineated  upon  that  certain  map  or  plan  hereinafter 
referred  to,  said  streets  being  Adeline,  Watts  and  Yerba  Buena  ave¬ 
nue;  also  to  grant  to  said  City  of  Oakland  permission  to  connect  cer¬ 
tain  of  its  sewers  with  those  sewers  of  said  town  east  of  Adeline 
street,  as  hereinafter  set  forth;  and 

Whereas,  it  appears  to  be  to  the  mutual  advantage  of  the  City  of 
Oakland  and  said  Town  of  Emeryville  to  grant  said  permission  and 
said  rights  of  way,  it  is  therefore  hereby  ordained: 

That  permission  be  and  is  hereby  granted  to  the  Town  of  Emery¬ 
ville  to  connect  certain  of  its  sewers  with  the  sewers  of  the  City  of 
Oakland  upon  the  following  conditions,  to-wit: 


OF  THE  CITY  OF  OAKLAND,  CAL. 


353 


(a)  Only  such  sewers  of  said  town  shall  be  connected  with  the 
sewers  of  the  City  of  Oakland  as  are  or  hereafter  may  be  constructed 
within  that  portion  of  said  town  that  is  shown  and  indicated  in  blue 
color  upon  that  certain  map  or  plan  entitled:  •Map  of  the  Town  ol 
Emeryville,  showing  streets  along  which  rights  of  way  are  granted 
bv  said  town  for  outlet  sewers  for  City  of  Oakland.  Area  shaded  in 
blue  is  to  be  sewered  into  Oakland  sewers.  Compiled  July,  1900,  by 
Thos.  N  Badger.  Town  Engineer  of  the  Town  of  Emeryville.  Ap¬ 
proved  by  R.  M.  Clement,  City  Engineer  of  Oakland,  Cal.:  Thos.  N. 
Badger.  Town  Engineer  of  the  Town  of  Emery\ille.  Filed  in  the 
office  of  the  City  Clerk  of  the  City  of  Oakland,  August  16,  1900.” 

(b)  Said  connections  shall  be  made  with  the  sewers  of  the  C  ity 
of  Oakland  under  the  same  rules  and  regulations  as  may  from  time  to 
time  be  in  force  within  the  City  of  Oakland  for  connecting  small  and 


private  sewers  with  outlet  or  main  sewers. 

(c)  The  City  Council  reserves  the  right  to  cut  off  and  discon 
nect  any  and  all  of  said  connecting  sewers  from  said  town,  if  at  any 
time  the  said  town  shall  fail  to  comply  with  the  conditions  of  this 
oidinance,  or  if.  in  the  judgment  of  said  City  Council,  the  sewers  i 
the  City  of  Oakland,  with  which  said  connections  are  made,  are  in¬ 
adequate  by  reason  of  the  sewage  coming  from  said  Town  of  Em¬ 
eryville,  to  meet  the  requirements  of  the  residents  of  the  1  1 
Oakland,  using  said  sewers. 

(d)  No  connection  of  sewers  from  the  Town  of  Emeryville  shall 

be  made  with  the  sewers  of  the  City  of  Oakland  until  a. ter  sa.d  Town 
of  Emeryville  has  duly  and  legally  granted  a  right  of  way  or  nguts 
of  wav  for  the  construction  of  and  permission  to  construct  through 
said  town  as  hereinbefore  set  forth,  an  outlet  sewer  or  sewers  tor  the 
City  of  Oakland;  also  permission  to  connect  those  certain  seweis 
hereafter  to  be  constructed  within  that  portion  of  said  city  bounded 
northerly  by  Temescal  creek,  easterly  by  Market  street,  and  sout 
erly  by  Thirty-sixth  street,  with  such  sewers  of  said  Town  o  m- 
eryville  as  are  or  may  hereafter  be  constructed  within  that  pornon 
said  town  lying  east  of  Adeline  street;  such  grant  and  Permission 
upon  the  part  of  the  Town  of  Emeryville  shall  be  free  from  all  con¬ 
ditions,  except  such  as  are  herein  specified  and  if  at  any  time  the 
Town  of  Emeryville  should  prevent  or  in  any  w  mtei  eie  wi  1 

use  and  enjoyment  of  such  rights  of  way  or  such  permission,  the  City 
or  Oakland  shall  cut  off  and  disconnect  any  and  all  sewers  connected 
from  the  Town  of  Emeryville  with  the  sewers  of  the  City  of  Oakland. 

Section  2.  Pending  the  construction  by  the  City  of  Oakland  of 
the  proposed  outlet  sewer  or  sewers  through  said  Town  of  Emeiw  - 
ville  the  said  Town  of  Emeryville  is  hereby  granted  permission  to 
connect  any  of  its  branch  or  connecting  sewers  wth.n  satd  area  shaded 
blue  with  the  existing  sewers  of  said  City  of  Oahland  under  such  regu- 
la  lions  and  restrictions  as  may  be  imposed  by  the  Sanitary 
spector  and  Superintendents  of  Streets  of  said  city. 


354 


GENERAL  MUNICIPAL  ORDINANCES 


Section  3.  This  ordinance  shall  take  effect  immediately. 

(Approved  September  14,  1900.  Voi.  5,  p.  498.) 

[Note— The  right  of  way  to  which  reference  is  made  in  Sub¬ 
division  D  of  the  foregoing-  ordinance  was  granted  by  the  Town  of 
Emeryville  by  Ordinance  No.  43  of  that  town.] 


ORDINANCE  NO.  1766. 


AN  ORDINANCE  TO  PREVENT  THE  PROPAGATION  OF  THE 

SCOTCH  OR  CANADA  THISTLE  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  owning  or  possess¬ 
ing  land  in  the  City  of  Oakland  to  permit  the  Scotch  or  Canada 
thistle  to  mature  and  disseminate  its  seed  on  land  so  owned  or  pos¬ 
sessed  by  such  person. 

Section  2.  It  shall  be  unlawful  for  any  person  to  knowingly  sow 
or  disseminate  any  seed  of  the  Scotch  or  Canada  thistle  upon  any 
land  owned  or  possessed  by  another. 

Section  3.  Any  person  violating  any  provision  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  and  in  case 
such  fine  be  not  paid,  then  by  imprisonment  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

(Approved  September  30,  1896.  Vol.  5,  p.  86.) 


ORDINANCE  NO.  1812. 


AN  ORDINANCE  TO  REGULATE  SWIMMING  AND  BATHING 
WITHIN  THE  CITY  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  bathe  or  swim 
in  the  waters  of  Lake  Merritt  within  the  City  of  Oakland. 

Section  2.  It  shall  be  unlawful  for  any  person  to  bathe  or  swim 
in  the  waters  of  the  estuary  of  San  Antonio  (commonly  called  Oak- 


OF  THE  CITY  OF  OAKLAND,  CAL. 


355 


land  Harbor)  or  any  of  the  waters  tributary  thereto  within  the  limits 
of  the  City  of  Oakland  unless  clad  in  a  bathing  suit. 

Section  3.  A  bathing  suit  under  this  ordinance  shall  be  as. follows: 
For  minors  under  12  years  of  age,  a  pair  of  trunks  reaching  fiom  the 
waist  to  the  thighs.  For  all  persons  over  12  years  of  age,  trunks  as 
aforesaid,  and  a  shire  or  jersey  worn  over  the  ti links  and  covering 
all  the  upper  part  of  the  body  except  the  head  and  aims.  Oi  a  com¬ 
bination  suit  or  a  single  garment,  covering  the  body  fiom  the  thigh 
to  the  neck  as  hereinbefore  described,  may  be  worn;  but  all  suits  shall 
be  made  of  such  material,  texture  and  color  as  to  leave  no  suggestion 
or  nudity'  or  indecent  exposure  of  person. 

Section  4.  It  shall  be  unlawful  for  any  person  to  disrobe  for  the 
purpose  of  bathing  or  swimming  as  aforessaid,  except  under  the  shelter 
of  a  house,  tent  or  shed  reasonably  protected  from  observation  of  the 
public. 

Section  5.  Any  person  who  violates  this  oi  dinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  theieof  shal. 
be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and  in  case  said 
fine  be  not  paid,  then  the  person  or  persons  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
(jay  for  each  two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  6.  Ordinance  No.  1722,  being  “An  Ordinance  to  Regu¬ 
late  Swimming  and  Bathing  Within  the  City  Limits  of  the  City  of 
Oakland,”  and  all  other  ordinances  and  parts  of  ordinances  in  con¬ 
flict  with  this  ordinance  are  hereby'  repealed. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  full  force 
immediately'  upon  its  passage  and  approval. 

(Approved  July  2,  1S97.  Vol.  5,  p.  150.) 


ORDINANCE  NO.  1817. 


AN  ORDINANCE  PROHIBITING  ANY  PERSON  FROM  WEARING 
HATS  AND  HEAD  COVERING  IN  THEATERS  AND  PLACES 
OF  AMUSEMENT  DURING  THE  PERFORMANCE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  wear  any  hat  or  bonnet  or  other  head 
covering  within  any'  licensed  theater  in  the  City  of  Oakland  during 
the  rendition  of  any  programme  on  the  stage  or  platform  of  the  said 
theater,  but  every  such  hat,  bonnet  or  other  head  covering  shall  be 
removed  from  the  head  by  the  person  wearing  the  same  during  the 
time  of  performance  in  said  theater,  or  during  the  rendition  of  the 


356  GENERAL  MUNICIPAL  ORDINANCES 

programme  on  the  stage  or  platform  of  said  theater;  provided,  how¬ 
ever,  that  the  above  inhibition  shall  not  be  held  to  include  skull  caps, 
lace  coverings  or  other  small  or  closely  fitting  head-dress  or  covering 
which  does  not  interfere  with  or  obstruct  the  view  of  the  stage  or 
platform  of  such  theater  of  persons  in  the  rear  of  such  wearers  while 
in  such  theater. 

Section  2.  No  person,  firm  or  corporation,  having  the  lease,  man¬ 
agement,  or  control  of  any  licensed  theater  shall  permit  any  person, 
during  the  time  of  performance  in  such  theater  or  during  the  ren¬ 
dition  of  any  programme  on  the  stage  or  platform  of  said  theater, 
to  wear  any  hat,  bonnet  or  covering  for  the  head  contrary  to  the  pro¬ 
visions  of  Section  1  of  this  ordinance;  and  every  person,  firm  or  cor¬ 
poration  having  the  lease,  management  or  control  of  any  licensed 
theater  shall  give  notice  of  the  provisions  of  this  ordinance  by  dis¬ 
tributing,  or  causing  to  be  distributed,  at  or  before  the  commence¬ 
ment  of  such  performance,  or  the  rendition  of  such  programme,  gen¬ 
erally,  among  those  present  thereat,  notices  of  said  ordinance  printed 
or  otherwise  published  on  cards,  hand  bills  or  other  devices,  or  in  a 
conspicuous  portion  of  the  programme. 

Section  3.  Any  person  who  shall  violate  the  provisions  of  Sec¬ 
tion  2  of  this  ordinance  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punishable  by  a  fine  not  less  than  $10  nor  more 
than  $25,  or  by  imprisonment  in  the  City  Prison  at  the  rate  of  one  day 
for  every  two  dollars  of  the  fine  so  imposed  and  remaining  unpaid. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  July  23,  1897.  Vol.  5,  p.  159.) 


ORDINANCE  NO.  1828. 


AN  ORDINANCE  TO  REGULATE  THE  HIRING  AND  USE  OF 
BOATS  IN  LAKE  MERRIT  AND  THAT  PORTION  OP  THE 
ESTUARY  OF  SAN  ANTONIO  OR  OAKLAND  HARBOR  WITH¬ 
IN  THE  LIMITS  OF  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any  boy  or 
girl  under  sixteen  (16)  years  of  age  to  hire  a  boat  or  other  water 
craft,  to  be  used  upon  the  waters  of  Lake  Merritt  and  that  portion  of 
the  estuary  of  San  Antonio  or  Oakland  Harbor,  within  the  limits  of  the 
City  of  Oakland,  unless  such  boy  or  girl  be  accompanied  by  his  or 
her  parent  or  guardian  or  an  adult  person. 


/ 


OP  THE  CITY  OF  OAKLAND,  CAL. 


357 


Section  2.  It  is  hereby  declared  to  be  unlawful  for  any  person 
to  rent  any  boat,  or  other  water  craft,  to  any  boy  or  §iil  undei  six¬ 
teen  years  of  age  to  be  used,  unless  accompanied  by  such  parent  or 
guardian  or  an  adult  person. 

Section  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  exceeding  twenty 
($20.00)  dollars,  and  in  case  the  fine  be  not  paid,  the  pei  son  so  fined 
shall  be  imprisoned  in  the  City  Prison  until  said  fine  is  satisfied  at 
the  rate  of  one  (1)  day  for  every  two  ($2)  dollars  of  the  fine  so  im¬ 
posed. 

Section  4.  This  ordinance  shall  take  effect  immediately. 

(Approved  September  28,  1897.  Vol.  5,  p.  1<2.) 


ORDINANCE  NO.  2033. 


AN  ORDINANCE  PROVIDING  FOR  THE  ESTABLISHMENT  OF 
THE  BOUNDARY  LINES  OF  LAKE  MERRITT,  AND  ALSO  OF 
THE  PARK  ADJACENT  TO  SAID  LAKE,  BETWEEN 
EIGHTH  AND  TWELFTH  STREETS,  AND  APPROPRIATING 
ELEVEN  HUNDRED  ($1100)  DOLLARS  FROM  THE  PARK 
AND  BOULEVARD  FUND  OF  THE  FISCAL  YEAR  1900-1901 
FOR  THAT  PURPOSE. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows. 

Section  1.  Whereas,  it  is  deemed  for  the  best  interests  of  the 
City  of  Oakland  that  the  boundary  lines  of  the  water  park  known  as 
Lake  Merritt,  and  also  of  the  park  adjacent  to  said  lake,  between 
Eighth  and  Twelfth  streets,  be  definitely  determined  and  established, 
and  that  thereafter  permanent  monuments  showing  such  boundary 
lines  be  set  at  convenient  distances;  and, 

Whereas,  the  said  work  is  deemed  of  sufficient  importance  to  jus¬ 
tify  the  employment  of  three  civil  engineers  to  act  in  conjunction 
with  the  City  Engineer  in  determining  and  establishing  said  lines; 

and, 

Whereas,  G.  F.  Allardt,  T.  W.  Morgan  and  M.  K.  Miller  have  offered 
in  writing,  now  on  file  with  this  Council  in  the  City  Clerks  office,  to 
perform  said  service  for  the  sum  of  eleven  hundred  ($1100)  dollars, 
payable  when  the  work  is  completed  to  the  satisfaction  of  this  City 


\ 


358  GENERAL  MUNICIPAL  ORDINANCES 

Council,  the  same  to  be  compensation  in  full  for  all  services  performed,  ’ 
and  for  all  expenses  incurred  by  them  in  connection  with  said  work, 
including  all  field  and  office  work,  maps,  temporary  monuments  and 

all  services  and  expenses  of  every  character  connected  with  the  estab-  w 

1 

lishment  of  said  boundaries;  it  is  therefore  hereby  ordained 

’ 

That  said  offer  be,  and  the  same  is,  hereby  accepted,  and  the 
said  G.  F.  Allardt,  T.  W.  Morgan  and  M.  K.  Miller  are  hereby  ap¬ 
pointed  for  said  purpose. 


Section  2.  It  shall  be  the  duty  of  said  appointees,  on  or  before 
the  2d  day  of  July,  1900,  to  report  to  the  City  Council  the  exact  loca¬ 
tion  of  the  said  boundary  lines,  giving  accurate  and  definite  descrip¬ 
tions  thereof,  by  courses  and  distances,  and  to  place  at  convenient, 
distances,  conspicuous  temporary  monuments  showing  the  location  of 
said  lines. 

Section  3.  Nothing  contained  in  said  report  shall  be  construed 
as  binding  upon  the  city,  nor  shall  the  lines  determined  by  said  en¬ 
gineers  be  construed  as  the  boundary  lines  of  said  properties,  until 
the  same  shall  have  been  confirmed  and  established  by  ordinance. 

Section  4.  The  sum  of  eleven  hundred  ($1100)  dollars  is  hereby 
appropriated  from  the  Park  and  Boulevard  Fund  of  the  fiscal  year 
1900-1901  for  the  purposes  of  this  ordinance,  and  the  City  Auditor  is 
hereby  directed  to  draw  a  warrant  in  favor  of  said  G.  F.  Allardt  for 
three  hundred  and  sixty-six  and  two-thirds  ($366  2-3)  dollars,  and  in 
favor  of  said  T.  W.  Morgan  for  three  hundred  and  sixty-six  and  two- 
thirds  ($366  2-3)  dollars,  and  in  favor  of  said  M.  K.  Miller  for  three 
hundred  and  sixty- six  and  two- thirds  ($366  2-3)  dollars,  upon  pre¬ 
sentation  to  him,  by  them,  of  demands  for  said  sums,  duly  approved 
by  this  Council,  and  the  City  Treasurer  is  hereby  directed  to  pay  the 


-  -■* 


same. 


Section  5.  This  ordinance  shall  take  effect  immediately. 

[Passed  by  the  Council  over  Mayor’s  veto  April  16,  1900.  Vol.  5, 
p.  455.] 

». 

— 

■ 

ORDINANCE  NO.  2136. 


_ _ 

1 

AN  ORDINANCE  REGULATING  THE  DRIVING  OR  USE  OF  AU¬ 
TOMOBILES  AND  OTHER  MOTOR  VEHICLES  WHICH  ARE 
PROPELLED  BY  STEAM,  ELECTRICITY,  GASOLINE  OR  OTH¬ 
ER  SOURCE  OF  POWER,  UPON  THE  PUBLIC  STREETS  AND 
PUBLIC  PLACES  WITHIN  THE  CORPORATE  LIMITS  OF  THE 
CITY  OF  OAKLAND.  AND  PROVIDING  FOR  THEIR  EQUIP¬ 
MENT  WITH  SUITABLE  BRAKES,  SIGNALS  AND  LAMPS 
OR  LIGHTS. 


\ 

\ 

OF  THE  CITY  OF  OAKLAND,  CAL.  359 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  No  person  shall  be  allowed  to  drive  or  run  any  auto¬ 
mobile  or  other  motor  vehicle  propelled  by  steam,  electricity,  gasoline 
or  other  source  of  power  upon  the  public  streets  or  other  public  places 
within  the  limits  of  the  City  of  Oakland  save  in  accordance  with  the 
provisions  of  this  ordinance. 

Scetion  2.  Every  automobile  or  other  motor  vehicle  while  being 
propelled  or  iun  in  said  City  of  Oakland  shall  be  provided  with  good 
and  sufficient  brakes,  with  a  suitable  bell,  horn  or  other  signal  and 
must  exhibit,  during  the  period  from  one  hour  after  sunset  to  one 
hour  before  sunrise,  one  lamp  in  front  of  said  vehicle  or  a  lamp  at  each 
side,  said  lamp  or  lamps  showing  white  lights,  visible  within  a  rea¬ 
sonable  distance  in  the  direction  in  which  said  vehicle  is  proceeding. 

Section  3.  No  person  shall  drive  or  run  an  automobile  or  other 
motor  vehicle  on  any  public  street  or  in  any  public  place  within  the 
corporate  limits  of  the  City  of  Oakland  at  a  greater  rate  of  speed  than 
8  miles  per  hour. 

Section  4.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof  shall  be  punished  by  a  fine  not  exceeding  $50,  and  in 
case  said  fine  is  not  paid,  then  the  person  so  fined  shall  be  imprisoned 
in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  the  date  of  its  passage  and  approval. 

(Approved  May  23,  1902.  Yol.  5,  p.  654.) 


ORDINANCE  NO.  2185. 


AN  ORDINANCE  PROVIDING  FOR  THE  PAYMENT  INTO  THE 
TREASURY  OF  THE  CITY  OF  OAKLAND  OF  ALL  BAIL 
MONEYS  OR  BALANCE  OF  BAIL  MONEYS  REMITTED  J3Y 
THE  JUDGE  OF  THE  POLICE  COURT  ,  WHICH  ARE  NOT 
CALLED  FOR,  ANI)  ALSO  PROVIDING  FOR  THE  PAYMENT 
OF  SUCH  MONEYS  FROM  THE  SAID  TREASURY. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  All  bail  moneys  and  balance  of  bail  moneys  in  the 
possession  of  the  Bailiff  of  the  Police  Court  which  have  been  1  emitted 
by  the  Judge  of  the  Police  Court  and  which  are  not  called  for  shall 
be  paid  into  the  City  Treasury  of  the  City  of  Oakland  by  the  Bailiff 
of  the  Police  Court  immediately  upon  the  expiration  of  a  period  of  six 


360 


GENERAL  MUNICIPAL  ORDINANCES 


months  from  the  last  day  of  the  month  in  which  the  final  disposition 
of  the  case  or  cases  from  which  said  bail  moneys  come,  is  made  by  the 
said  Police  Court. 

Section  2.  All  such  moneys  so  paid  into  the  City  Treasury  of  the 
City  of  Oakland,  as  provided  in  Section  1  of  this  ordinance,  shall  be 
paid  out  of  said  City  Treasury  upon  requisitions  made  by  the  Judge 
of  the  Police  Court  in  favor  of  the  person  entitled  to  receive  any  of 
such  money,  such  requisitions  to  be  approved  by  the  Mayor;  and  the 
Auditor  of  the  City  of  Oakland  is  hereby  authorized  and  directed  to 
draw  his  warrants  for  any  such  moneys  upon  the  presentation  to  him 
of  such  requisitions  so  approved  by  the  Mayor,  and  the  Treasurer  of 
said  City  is  hereby  authorized  and  directed  to  pay  such  warrants  when 
presented  to  him  for  payment. 

Section  3.  The  provisions  of  this  ordinance  shall  apply  to  all 
moneys  now  in  the  hands  of  the  Bailiff  of  the  Police  Court,  of  the 
class  herein  designated  and  to  all  such  moneys  as  shall  hereafter  come 
into  the  hands  of  said  Bailiff  of  the  Police  Court. 

Section  4.  All  moneys  so  paid  into  the  Treasury  of  the  City  of 
Oakland,  as  provided  in  this  ordinance,  shall  be  applied  to  the  general 
fund  of  said  Treasury  and  all  moneys  paid  out  of  said  Treasury,  as  pro¬ 
vided  in  this  ordinance,  shall  be  paid  out  of  the  said  general  fund  of 
said  Treasury. 

Section  5.  Ordinance  No.  2168,  entitled  “An  Ordinance  Providing 
for  the  payment  into  the  Treasury  of  the  City  of  Oakland  of  all  bail 
moneys  or  balance  of  bail  moneys  remitted  by  the  Judge  of  the  Po¬ 
lice  Court  which  are  not  called  for,”  passed  by  the  City  Council  of  the 
City  of  Oakland  on  the  3d  day  of  November,  1902,  and  approved  by  the 
Mayor  of  said  city  on  the  6th  day  of  November,  1902,  and  all  other 
ordinances  and  parts  of  ordinances  in  conflict  with  this  ordinance  are 
hereby  repealed. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  the  date  of  its  passage  and  approval. 

(Approved  February  18,  1903.  Vol.  6,  p.  47.) 


ORDINANCE  NO.  2208. 


AN  ORDINANCE  REGULATING  PROFESSIONAL  AND  AMATEUR 
SPARRING  EXHIBITIONS  AND  PROVIDING  FOR  LICENSING 
THE  SAME  IN  THE  CITY  OF  OAKLAND. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


Section  1.  Any  athletic  club  incorporated  under  the  laws  of  the 
State  of  California  may,  upon  complying  with  all  the  provisions  of  this 


36i 


OF  THE  CITY  OF  OAKLAND.  CAL. 


ordinance,  and  obtaining  a  permit  as  herein  provided,  give  profes¬ 
sional  or  amateur  sparring  exhibitions. 

Section  2.  Any  such  club  which  shall  desire  to  give  professional 
or  amateur  sparring  exhibitions,  or  both,  must  first  file  with  the 
Board  of  Police  and  Fire  Commissioners  an  application,  duly  verified 
by  the  president  or  managing  officer  of  such  athletic  club,  and  said 
application  shall  state  as  follows:  That  the  club  is  incorporated  under 
the  laws  of  the  State  of  California,  and  has  its  principal  place  of 
business  in  the  City  of  Oakland;  that  said  incorporated  club  is  and 
has  been  for  over  one  year  immediately  preceding  the  date  of  the 
said  application,  the  owner  of  or  lessee  of  premises  and  club  rooms 
in  the  City  of  Oakland,  where  all  its  meetings  are  held,  and  that  it  is 
proposed  to  conduct  the  sparring  exhibitions  named  in  such  appli¬ 
cation  in  its  said  rooms;  the  number  of  rounds  of  said  exhibition, 

which  shall  not  exceed  in  any  event  fifteen;  the  size  of  gloves  to  be 

worn,  which  shall  not  be  less  than  five  ounces  each  in  weight;  the 

time  and  place  at  which  said  exhibition  is  to  be  held. 

Section  3.  For  the  purposes  of  ths  ordinance,  all  sparring  exhibi¬ 
tions  of  more  than  four  rounds  shall  be  known  as  professional  ex¬ 
hibitions,  and  those  not  exceeding  four  rounds  shall  be  known  as 
amateur  exhibitions,  and  each  round  shall  not  be  of  greater  duration 
than  four  minutes. 

Section  4.  The  Board  of  Police  and  Fire  Commissioners  shall, 
upon  receiving  and  filing  said  application,  make  such  investigation 
concerning  said  application  and  club  as  the  said  Board  shall  deem 
proper,  and  said  Board  may  in  its  discretion  grant  to  said  club  per¬ 
mission  to  give  said  sparring  exhibitions,  and  an  officer  of  the  Po¬ 
lice  Department  shall  be  present  at  such  sparring  exhibitions. 

Section  5.  Before  permission  to  hold  any  professional  and  amateur 
or  professional  exhibition  is  granted  and  permit  therefor  issued,  the 
club  desiring  to  give  or  conduct  professional  and  amateur  or  profes¬ 
sional  sparring  exhibitions,  shall  pay  into  the  office  of  the  City  Tax 
Collector  the  sum  of  one  hundred  dollars  as  annual  license,  and  the 
club  desiring  to  give  or  conduct  only  amateur  sparring  exhibitions  shall 
pay  into  the  office  of  the  City  Tax  Collector  an  annual  license  of  twen¬ 
ty-five  dollars. 

Section  6.  A  certificate  from  some  licensed  physician  must  be 
delivered  by  said  club  to  the  Chief  of  Police  within  one  hour  previous 
to  said  exhibition,  and  said  certificate  shall  set  forth  that  the  prin¬ 
cipals  in  said  professional  or  amateur  sparring  exhibitions  are  in  per¬ 
fect  physical  condition. 

Section  7.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

(Approved  August  10,  1903.  Vol.  6,  p.  96.) 


362 


GENERAL  MUNICIPAL  ORDINANCES 


CHAPTER  XIII. 

INDEXES  TO  SIDEWALK,  GRADE,  FRANCHISE  AND  OTHER 

ORDINANCES. 


I— GRADE  ORDINANCES. 


Street  or  Avenue. 


Vol.  Page. 


Generally,  within  old  city  limits . 1 . 

Generally,  amendment  . . . 2 .... . 

East  Oakland,  generally  . 2 . 

East  Oakland,  generally  . 6 . 

Annexed  District,  generally  . 5 . 

(See  also  Town  of  Brooklyn  Ordinance  Book,  pp.  39  and  135.) 


387 

490 

756 

130 

479 


Note — For  amendments  as  to  particular  streets  and  portions  there¬ 
of,  see  ordinances  indexed  below. 


Numbered  Streets. 

First  street  . 

Twelfth  street  . 

Twelfth  street  . 

Thirteenth  street  . 

Fourteenth  street  . 

Fifteenth  street  . 

Sixteenth  street  . 

Seventeenth  street  .  . 

Eighteenth  street  . 

Eighteenth  street  . 

Nineteenth  street  . 

Twenty-second  or  Walnut  street 
Twenty-third  or  Locust  street  .  . 


Twenty-fourth  or  Elm  street 


Twenty-ninth  or  Prospect  street 

Thirtieth  street  . 

Thirty-first  street  . 

Thirty-second  street  . 

Thirty-third  street  . 


Vol. 

.3. . 
.5. . 
.6.  . 
.5.  . 
.6.  . 

3.  . 

3.  . 

.6.  . 

4.  . 

5.  . 

.6.  . 
.6.  . 
.4.  . 
.3.  . 
.3.  . 

3.  . 

4.  . 
3.  . 

3. . 

.5.  . 
.5.  . 
.3.  . 
.3.  . 

3.  . 

4. . 


Page. 
. ..  27 
, .  .678 
.  .  .  99 
.  .222 
. .  .  99 

,  . .545 
.  .618 
. .  .  99 
, . .629 
.  .451 

.  .  99 
.  .129 
.  .252 
.  .382 
.  .511 

.  .367 
.  .149 
.  .402 
.  .474 

.  .329 
.  .243 
.  .553 
.  .550 
.  .351 
.  .505 


OF 


3% 


\ 


THE  CITY  OF  OAKLAND,  CAL 


Street  or  Avenue. 

Thirty-fourth  street  . . 

Thirty-fifth  or  Walton  street 

Thirty-sixth  street  . 

Thirty-seventh  street  . 

Thirty-eighth  street  . 

Numbered  Streets — East. 

East  Eighth  street  . 

East  Ninth  street  . 

East  Tenth  street  . 

East  Eleventh  street  . 

East  Twelfth  street  . 


East  Fourteenth  street 
East  Fifteenth  street  . 

East  Sixteenth  street 


vast  Seventeenth  street 


East  Eighteenth  street 


East  Nineteenth  street 


East  Twentieth  street 


East  Twenty-first  street 


East  Twenty-second  street 


Vol. 
.5.  . 
.3.  . 
.5.  . 
.5.  . 
.5.  . 


.  .5 
.  .3 
.  .3 
.  .3 

3 

4 
6 

I  6 

.  .3 

3 

4 

3 

3 

3 

3 

4 

4 
3 

5 
5 
5 

3 

3 

3 

5 

5 

5 

5 

3 
3 
I  4 

I  5 

5 

6 
3 
3 
5 
5 
5. 
5. 

3. 

3 

4 

4. 

4. 

4. 

4. 

5. 


Page. 
,  . .204 
...  .068 
.  . .259 
,  . .259 
.  .259 


19 

561 

561 

561 

619 

639 

100 

111 

470 

643 

687 

553 

617 

720 

264 

483 

615 

553 

166 

279 

4S1 

310 

453 

553 

245 

376 

366 

649 


,  ... 258 
,  .  .  .553 
.  .  .  .715 
. . . .  17 
.  .622 
.  . .  .103 
.  .  .  .553 
. . . .623 
. . . .102 
.  . . .118 
. . .117 
. . .426 

. . .331 
. .  .528 
,  .  .  .  11 
.  .  .343 

...  5 

.  .  .182 
. .  .569 
. . .531 


East  Twenty-third  street 


364 


GENERAL  MUNICIPAL  ORDINANCES 


Street  or  Avenue. 

TTnat  Tw^ritv-fniirth  street  . 

Vol.  Page. 

3 . 460 

3  . 501 

4  .  5 

Bast  Twenty-fifth  street  . 

TTnst  Twpntv-siYth  street  . 

5 .  60 

5 . 647 

.4 .  5 

Bast  Twentv-seventh  street  . 

4 .  5 

4 . 691 

2 . 765 

4 . 327 

4 . 700 

East  Twenty- eighth  street  (or  Silver  avenue) . 

East  Thirtieth  (or  Edward  street)  . 

Numbered  Avenues. 

Second  avenue  . 

Third  avenue  . 

5 .  19 

5 . 109 

.5 . 289 

Fourth  avenue  . . 

3 . 621 

5 . 145 

R _  £R  1 

Eighth  avenue  . 3 . 258 

Ninth  avenue  . . 2 _  £70 

Tenth  avenue  . 

Eleventh  avenue  . 

4  . 350 

5  . 128 

Twelfth  avenue  .  !,  ^ . 290 

|  4 . 667 

Twelfth  avenue  . . R  qfifi 

Thirteenth  avenue  . 

Fourteenth  avenue  . 

2  . 761 

3  . 455 

3  . 470 

4  RfiR 

Fifteenth  avenue . . 

3 . 470 

6 . 131 

5 . 604 

Sixteenth  avenue  . 

5 . 607 

Eighteenth  avenue  .  r  u«. 

Nineteenth  avenue . 

3 . 263 

2  9R4 

Twentieth  avenue  . 

5 . 602 

Twenty-first  avenue  . 

3  . 264 

4  . 151 

4  RQ  A 

Twenty-second  avenue  . 

^ . oyu 

6 . Ill 

6 . 142 

Twenty-third  avenue  .  q 

Twenty-fourth  avenue  . 

3 . 553 

3  . 561 

4  CA  1 

Twenty-five  avenue  . 

5 . 268 

5 . 457 

Twenty-sixth  avenue  . .  .  3  rgt 

Twenty-seventh  avenue  .  3  eg-. 

Twenty-eight  avenue  .  ,  q 

OF  THE  CITY  OF  OAKLAND,  CAL. 


3  6i 


s\ 

L\ 

Named  Streets. 

Academy  Place  . 

Adams  street  . 

Adeline  street  . 

Andover  street . 

Avon  Place  . 

“B”  street  . 

Boulevard,  portion  of . 

Boulevard  Place  . 

Bay  Place  . 


Broadway  street  . 

Brockhurst  street  . 

Brush  street  . 

Cameron  street  . . 

Castro  street . . . 

Center  street . 

Clay  street  . 

Chestnut  street  . 

Chetwood  street  . 

College  avenue . 

Commerce  street  (so-called.... 

Crescent  street  . 

Dennison  street  . 

Edward  or  East  Thirtieth  street 

Edwards  street  . 

Elliot  street  . 


Elm  or  Twenty-fourth  street 


Ettie  street  . 

Fallon  street  . 

Filbert  street  . 

Fountainbleau  street 

Franklin  street  . 

Frederick,  street  .  . . 

Goss  street  . 

Grant  street  . 

Grove  street  . 

Hamilton  Place 

Hannah  street  . 

Harrison  street  . 

Harlan  street  . 

Haven  street  . 

Hellen  street  . 


Vol.  Page. 


5 

5 

3 

3 

4 


4 

6 

4 

4 

5 


110 

198 

483 

458 

329 

662 

254 

70 

385 

679 

610 


3 . 331 

5 . 267 


5 . 402 

3 .  27 

3 . 616 

3 .  27 

3 . 429 

3 .  27 

3 . 476 

3 . 755 

5 _ 110.288 

3 . 470 

5 . 466 


5 . -  U  o 

3 . 561 

3 . 650 

3 . 45S 

5 .  8 

3 . 367 

3 . 402 

3  . 474 

4  . 149 

5  . 438 


429 


5 . 126 

5 . 60S 


3 . .  .  .578 

5 . 457 

3 . 331 

3 . 350 

3  . 561 

4  . 486 

4 .  11 

3  .  27 

4  . 469 

3 . 429 

5  . 273 

3 . 429 

3 . 429 

3 . 429 

5 . 322 


Hobart  street  . 2 . 243 

Hollis  street  . 3 . 429 

Hopkins  street  . 5 .  34 

Howard  street  . 4 . 388 


366 


GENERAL  MUNICIPAL  ORDINANCES 


Street  or  Avenue. 

Jefferson  street  . 

Kennedy  street  . 

King  street  . 

Lee  street  . 

Lincoln  street  . 

Linden  street  . 

Livingston  street  . 

Locust  or  Twenty-third  street 

Louise  street  . 

Market  street  . 

Morrison  place . 

Oak  street  (Lake  View  Tract) 
Orange  street  . 

Orchard  street  . 

Perkins  street  . 


Perry  street 


Pine  street  . 

•Shellmound  street  . 

Sherman  street  . . 

Spring  street  . 

Spruce  street  . 

Summer  street  . 

Summit  street  . 

Taylor  Terrace  . 

Union  street  (confluence  Fourteenth  avenue) 

Valdez  street  . 

Valdez  street  (East  Oakland) . 

Vellecito  Place  . 

Vernon  street  . 

Vernon  street  . 

Walnut  or  Twenty-second  street . 

Walton  or  Thirty-fifth  street . 

Washington  street  . 

Waver ly  street  . 

Webster  street  . 

West  street  . 

Willow  street  . 

Winter  street  . 


Vol. 
.3.  . 


.  .3 

4 

5 

.  .4 
.  .3 
.  .3 
.  .3 
.  .3 
.  .5 
.  .4 
.  .4 
.  .3 

3 

4 

.  .5 

I  3 

|  3 

[  3 
3 

I  4 

|  4 

.  .4 
.  .3 
.  .5 
.  .5 
.  .4 
.  .5 
,  .3 
.5 


.  .3 
.  .5 
.  .3 

3 

4 

.  .3 
.  .3 
.  .3 
.3 

I  3 
I  3 

.  .5 
.  .3 
,  .  5 


Page. 
,  .  .  27 

.  .561 
. . .399 

.  .561 


423 

115 
11 

490 

561 

511 

429 
259 
521 
487 
470 
615 
516 

116 

367 

402 

719 

735 

430 
523 

378 

561 

76 

486 

376 

224 

495 

480 

472 

244 

511 

661 

109 

718 

755 

424 
382 
668 

27 

511 

70 

331 

414 

551 

16 


Named  Avenues. 
Athol  avenue  . 

Bella  Vista  avenue.  . 
Central  avenue 


|  4.... 

. . . .180 

'  4.... 

. . . .331 

.  .5 _ 

. . . .180 

|  3.... 

. . . .379 

|  4.... 

. . . .550 

|  4.... 

. . . .344 

1  5.  .  .  . 

. . . .  12 

Clinton  avenue 


OP  THE  CITY  OF  OAKLAND,  CAL. 


367 


Street  or  Avenue. 
Chicago  avenue  .... 
College  avenue  . 

Fairmount  avenue  .  • 


Hawthorne  avenue  . 

Hanover  avenue  . 

Hillside  avenue  . 

Lincoln  avenue  . 

Lester  avenue  . 

Lake  Shore  avenue  . 

Monte  Vista  avenue  . 

Moss  avenue  . 

Newton  avenue  . . . 

Oakland  avenue  . 

Piedmont  avenue  . 

Plymouth  avenue  . 

Peralta  avenue  . 

Pleasant  Valley  avenue . ;  • 

Prospect  avenue  . 

Railroad  avenue  . . . 

Santa  Fe  avenue  . 

San  Pablo  avenue . 

Santa  Clara  avenue . 

Silver  avenue  (East  Twenty-eighth  street) 

Telegraph  avenue  . 

Van  Dyke  avenue . 

Walsworth  avenue  . 

Watson  avenue  . 

Wayne  avenue  . 

Webster  avenue  . 


Vol 

.4. 

.5. 

3. 

5. 

5. 

5. 

5. 

.  .5. 

.  .4. 

.  .6. 

.  .4. 

.  .4. 

.  .4. 

.  .5. 

.  .3. 
.  .4. 

3. 

3. 

.  .6. 
.  .4. 
.  .4 
.  .5. 

2. 

4. 

3. 

4. 

.  .6. 

5. 
5. 


2 


.  .5 

I  4 
I  5 
.  .4 
.  .4 
.  .3 


Alleys. 

Between  Twenty-second  and  Twenty-third  avenues,  north 

of  East  Seventeenth  street . 4 

Between  Twenty- second  and  Twenty- third  avenues,  East 

Fourteenth  to  East  Seventeenth  street . 4 

Between  East  Seventeenth  and  East  Nineteenth  streets, 

south  of  Twenty-second  avenue . 4 

Between  East  Nineteenth  and  East  Twentieth  streets, 

Twenty-first  to  Twenty-second  avenue . 4 

Between  East  Twelfth  and  East  Fourteenth  streets  and 

Seventeenth  and  Eighteenth  avenues . 5 


Page. 

. . .510 
. . .110 

. . .634 
. . .  8 
. . .417 
. . .432 
. . .563 

. . .298 
. . . 155 
. . .101 
. .  .374 
. .  .348 
.  .  .254 
. . .289 
. . .755 
. . . 155 

. . .367 
. . .755 

. . .113 
. . .269 
169 
. .  .183 

. .  .681 
. . .372 

. . .561 
. . .251 

...71 
. . .389 
. . .706 

. . .181 
. . .432 

. . .765 

. .  .552 
. . .703 

. .  .428 

. . .567 
. . .289 

. . .346 
.  .  .328 
. . .483 


151 

151 

151 

151 

233 


$68 


GENERAL  MUNICIPAL  ORDINANCES 


II. — ORDINANCES  FIXING  WIDTH  OF  SIDEWALKS. 


ORDINANCE  No.  2107. 


AN  ORDINANCE  ESTABLISHING  THE  OFFICIAL  WIDTH  OF 

SIDEWALKS  HEREAFTER  TO  BE  CONSTRUCTED  IN  THE 

CITY  OF  OAKLAND  ON  ALL  STREETS  WHERE  NOT  AL¬ 
READY  ESTABLISHED  BY  SPECIAL  ORDINANCES  APPLICA¬ 
BLE  TO  PARTICULAR  STREETS. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  official  width  of  sidewalks  hereafter  to  be  con¬ 
structed  in  the  City  of  Oakland  on  all  streets  where  not  already  es¬ 
tablished  by  special  ordinances  applicable  to  particular  streets  is 
hereby  established  as  follows: 

1.  On  all  streets  in  that  portion  thereof  annexed  thereto  in  June, 
1897,  and  known  as  the  “Annexed  District,”  as  follows: 

On  all  streets  less  than  50  feet  in  width,  8  feet. 

On  all  streets  50  feet  or  more  in  width  and  less  than  55  feet,  10 
feet. 

On  all  streets  55  feet  or  over  in  width  and  less  than  61  feet,  12  feet. 

On  all  streets  61  feet  or  over  in  width  and  less  than  75  feet,  14  feet. 

On  all  streets  75  feet  or  over  in  width,  18  feet. 

2.  On  all  streets  other  than  those  mentioned  in  subdivision  One, 
as  follows: 

On  all  streets  less  than  50  feet  in  width,  8  feet. 

On  all  streets  50  feet  or  over  in  width,  and  not  exceeding-  55  feet. 
10  feet. 

On  all  streets  over  55  feet  -in  width  and  not  exceeding  75  feet, 
14  feet. 

On  all  streets  over  75  feet  in  width  and  not  exceeding  80  feet, 
18  feet. 

On  all  streets  exceeding  80  feet  in  width,  20  feet. 

Section  2.  Ordinance  No.  2071,  approved  October  25,  1900,  and 
Ordinance  No.  368',  approved  Feb.  2,  1870,  and  all  other  ordinances  and 
parts  of  ordinances  in  conflict  with  the  provisions  of  this  ordinance 
are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

(Approved  Sept.  24,  1901.  Vol.  5,  p.  586.) 


OF  THE  CITY  OF  OAKLAND,  CAL. 


369 


Yol. 


Page. 


10. 

15. 

10. 

15. 

10 


3. 

3. 

5. 

,5. 

.1. 

.3. 

.2. 

.3. 

.2. 

.1. 

.3. 


Width. 

Street  or  Avenue. 

General  Ordinance— East  Oakland,  portion  of 
(see  Town  of  Brooklyn  Ordinance,  Book, 
pp.  152  and  164.) 

[Note. — For  other  streets  and  also  changes 
as  to  various  streets,  see  ordinances  indexed 

below.] 

First  street,  Broadway  to  Market . 12... 

First  street,  Broadway  to  Alice . . 

First  street,  Washington  to  Castro .  6... 

Second  street,  Broadway  to  Market . 18 

Seventh  street,  generally . 

Seventh  street,  Wood  to  Pine,  north  side . 

Seventh  street,  "Wood  to  Pine,  south  side . 

Seventh  street,  west  of  Pine,  north  side . 

Seventh  street,  west  of  Pine,  south  side . 

Twelfth  street,  Broadway  to  Fallon . 44  • 

Twelfth  street,  east  of  Fallon . 14  • 

(With  certain  exceptions.) 

Twelfth  street,  bet.  Fallon  and  First  Ave . 12. 

Twelfth  street,  Broadway  to  Market . 14. 

Twelfth  street,  Kirkham  to  Adeline . 14. 

Fourteenth  street,  Market  to  Peralta . 14' 

Sixteenth  street,  west  of  Peralta . 16 

Seventeenth  street,  west  of  Peralta . 1° 

Twentieth  street,  Webster  to  Telegraph . 10 

Twentieth  street,  Grove  to  Castro  . 1J 1 

Twenty-fourth  street,  east  of  Webster  . 10. 

Thirty-third  street,  east  of  Grove  . 12' 

Thirty-fourth  street,  Academy  place  to  Broadway  10 . 5 . 

Thirty-fourth  street,  Dwinell  to  Andover  . 12 . 5 . 5^ 

Thirty-fifth  street,  Market  to  Grove^ . 12 . 2 . ^ 

Thirty-fifth  street,  Market  to  San  Pablo  . 12 . 0 . 

Numbered  Streets — East. 

. 12 . 2 . 346 

.  .  .12 . 2 . 346 


,5. 

.2. 

.3. 

.3 

.3 

.5 

.3 

.4, 

.3 

.3 


.639 

.509 

.533 

.323 

.395 

.353 

.300 

.494 

.203 

.518 

.473 

.664 
.  28 
.  669 
.543 
.642' 
.699 
.541 
.  81 
.519 
.351 


East  Eighth  street  . 

East  Ninth  street  . 

East  Ninth  street,  east  of  Park  avenue  . 12 . 

19  2  . 346 

East  Tenth  street  .  . 

East  Tenth  street,  east  of  Park  avenue  . 12 . 0 . 

10  O 

East  Eleventh  street  . . 

East  Eleventh  street,  east  of  Park  avenue  . 12 . ^ . 

East  Twelfth  street  . 14 . 3 . 

East  Twelfth  street,  between  Fallon  street  and 

.  12 . 5 . 6b4 

First  avenue  . 

Bast  Fourteenth  street,  northeast  of  Thir- 

,,  14  3 . 607 

teenth  avenue  . . 

East  Fourteenth  street,  Twelfth  to  Thirteenth  ave- 

14 . 4 . 0Z0 

nue  . 


37o 


GENERAL  MUNICIPAL  ORDINANCES 


Numbered  Streets  — East.  Width.  Vol 

Eust  Fifteenth  street,  northwest  of  Commerce  . 12.  .  2 

street,  northwest  of  Commerce  . 12 . 2. 


street,  Fifteenth  to  Twenty-third 


14 

10. 


3. 

3, 


Page. 
. .  .346 
. . .346 

. . .566 
566 


East  Sixteenth 
East  Sixteenth 
avenue  . . 

East  Sixteenth  street,  east  of  Twenty-third  avenue.. 14 . 3 . 617 

East  Seventeenth  street,  northwest  of  Commerce _ 12 

East  Eighteenth  street,  northwest  of  Commerce . 12 

East  Nineteenth  street,  northwest  of  Commerce 
East  Twentieth  street,  northwest  of  Commerce 
East  Twenty-first  street,  northwest  of  Commerce 
East  Twenty-first  street,  Twenty-third  to 


.12. 

.12. 

.12. 


.2. 

,2. 

,2. 

2. 

2. 


346 

346 

346 

346 

346 


Twenty- 


10 , 


street,  Sixteenth  to  Twenty-third 


18, 


street,  between  Thirteenth  and 


12. 


between  Fourteenth  and 


fifth  avenue  . 

East  Twenty-first 
avenue  . . 

East  Twenty-first 

Fourteenth  avenues 
East  Twenty-first  street, 

Seventeenth  avenues 

East  Twenty-second  street,  northwest  of  Commerce.. 12 . 2 

East  Tw entj' -third  stieet,  northwest  of  Commerce.  .12.  ..  2 
East  Twenty-fourth  street,  northwest  of  Commerce .  .12 .  .  .  .  .  .2 

Numbered  Avenues. 

First  avenue  .  . 

Second  avenue  .  . 

Third  avenue  .  . 


455 


136 


98 


18, 


.  98 
.346 
.346 
.346 


Fourth  avenue,  East  Eighteenth  to  Hopkins  street. 


.12. 

.12. 

.12. 

.10. 


.2. 

.2. 

.2. 

.4. 


.346 

.346 

.346 

.265 


Sixth  avenue,  East  Ninth  to 
Eighth  avenue  .  . 

East  Eleventh 

street  . . . 

.12.  . . 

.  .  .2.  .  . 

9 

Tenth  avenue  . . 

9 

Eleventh  avenue  .  . 

1  9 

9 

Twelfth  avenue  .  .  . 

1  9 

9 

Thirteenth  avenue,  generally 

.  1  9, 

9 

9  a  a 

Thirteenth  avenue,  East 
Twelfth  street  .  .  . 

Eleventh 

to 

East 

1 1 

9 

Fourteenth  avenue,  portion 

.12 

4 

Fourteenth  avenue,  East  Twelfth  to  East 
second  street  . 

Twenty- 

1  £ 

ft 

Twenty-first  avenue,  East  Twelfth  to 
first  street  .... 

East  Twenty- 

1  A 

Q 

Twenty- first  avenue,  East 
Twenty- first  street  .  . 

Seventeenth 

to  East 

ft 

i  o  o 

Twenty- third  avenue  .  . 

1  9 

9 

Twenty-fourth  avenue 

12 

9 

Twenty-fifth  avenue  .  . . 

1  2 

9 

Twenty-sixth  avenue  . 

12 

9 

Twenty-seventh  avenue 

12. . . . 

OP  THE  CITY  OF  OAKLAND,  CAL. 


371 


Width. 

. .12.  . . 

.  .  9.  . . 


Named  Streets: 

Albion  street., . 

Alcatraz  avenue  . 

Adeline  street,  north  of  Twenty-second  . 14- 

Bay  Place  , Webster  street  to  Oakland  avenue -  9. 

Bay  place,  Twenty-fourth  st.  to  Lee  100-acretract  12 . 

Broadway  street  . 2^’ 

Cameron  street  . '••••*• 

Cedar  street . • 

Clay  street  . 

Delger  street,  Webster  to  Telegraph  . 10. 

Dennison  street  . 

Edwards  street  . !“• 

Elm  street,  east  of  Webster  . 10  • 

Filbert  street — Twenty-first  to  San  Pablo  . 12. 

Franklin  street  , south  of  Seventh  . 14- 

Frederick  street  (East  Oakland)  . 14. 

Grove  street,  north  of  San  Pablo  . 12 . 

Howard  street  . 12 ' 

Kennedy  street  . H 

. 10 

. 14 


Vol. 

.  .3.  . 
.  .6.  . 
.  .3.  . 
.  .4.  . 
.  .4. 

.  .1. 

.  .3. 

.  .5. 

.  .3. 

.  .3. 

.  .3. 

.  .3. 


Kennedy  street 
King  street  .  .  . 


,3. 

,3. 

.3. 

.3. 

.3. 

.4. 

.3, 

.3. 

.3 


Shellmound  street  . 

Summit  street  . 

Sycamore  street  . 

Valdez  street  (East  Oakland) 


Page. 

.  .  .274 
. .  .  67 
. . .486 
. . .485 
. . .679 
. . .395 
. . .616 
...85 
. . .509 
. . .541 
.. .561 
. . .456 
. . .519 
. . .578 
. . .420 
, . . .561 
.  . . .214 
. . . .388 
. . .  .561 

_ 561 

.  . .  .561 


.12 _ 

_ 4 _ 

. . . .239 

-14 _ 

_ 4 _ 

. .. .161 

14 ... . 

_ 3 _ 

. . . .561 

12 

. . . .683 

12 

. . . .189 

1  14  .  .  • 

_ 3 _ 

. . . .561 

1  -L^  •  •  • 

1  12 

. . . .262 

14 

.  .  .3.  .  .  . 

. . . .591 

.  .12 _ 

.  57 

Named  Avenues. 

Central  Ave.  (see  Twelfth  and  East  Twelfth  Stieets.)  ^ 

12  ....5 . 507 

College  avenue  . ’nY/ a  10  3  634 

Hillside  avenue.  Linden  Ave.  to  Summit  Ave....  14 . 6 .  ‘ 

Mathews  Ave.,  E.  Eighteenth  to  Hopkins  St.  . .  .^.  .10 . 4 . 265 

Oakland  avenue,  Flint  Tract  to  N.  bndry.  line - 12 . 5 . 564 

Park  avenue,  south  of  East  Twelfth  street . 12 . 3 . -56 

7 . 5 . 565 

Piedmont  avenue  . 

|  30 . 2 . 720 

Plymouth  avenue  . |  10-30 . 4 . 269 

12 . 2 . 683 

Prospect  avenue  . 

Railroad  avenue  (See  Seventh  street) . 

Railroad  avenue,  near  Park  avenue . 10 . 3 . 561 

San  Pablo  avenue . 18 . 3 . 223 


372 


GENERAL  MUNICIPAL  ORDINANCES 


Named  Avenues.  Width.  Vol. 

Summit  Ave.,  Monte  Vista  Ave.  to  north  bound¬ 
ary  line  . . . 6 

Shattuck  avenue  . .  5 

Talcott  avenue  . . 10  6. 

Telegraph  avenue,  36th  to  40th  street . 20 . 5. 


Telegraph  avenue,  40th  street  to  the  city  limits..  16 . 5 

Walsworth  avenue,  southerly  from  Flint  Tract  8-14 . 4 

Webster  Ave.,  northerly  from  Broadway . 7 . 4 

Streets  Not  Named  Above. 

55  to  75  feet  wide  . .  1 

75  to*  80  feet  wide . .  1 

[Note.— -See  Ordinance  2107  at  page  368  hereof.] 


Page. 


127 

507 

78 

507 

507 

567 

341 

395 

395 


III.— ORDINANCES  ACCEPTING  STREETS. 


Streets  Accepted. 


Approved.  Vol.  Page. 
Ordinance 


Adeline,  northerly  from  point  north  of 

Twenty-second  . Apl.  25,  1892 

Albion  street  . Jan.  i6#  i889 

Broadway,  south  of  Twelfth  street . Nov.  11,  1891 

Broadway,  Twelfth  to  Nineteenth  . Mar.  20,  1893 

Chestnut,  Fourteenth  to  Twenty-first  ....Mar.  4,  1893 

Clay,  Seventh  street  to  San  Pablo  avenue.. Feb.  10,  1899 

East  Twelfth,  1st  Ave.  to  11th  Ave . Dec.  28,  1898 

Edwards  street,  W.  of  Academy  place.  ..  .Apr.  30,  1891 

Eighth  street,  Market  to  Grove  . Oct.  28,  1893 

Eleventh  street,  Broadway  to  Franklin _ Dec.  22,  1892 

Eleventh  street,  Broadway  to  Washington  Sept.  13,  1898 
Eleventh  street,  Clay  to  Washington . Aug.  1,  1899. 


Filbert  street,  Fourteenth  to  Twenty- 

flrst  . Mar.  4,  1893 

Filbert  street,  Twentieth  to  San  Pablo _ Nov.  27,  1893 

Franklin  street,  Seventh  and  Four- 


.4 

.3 

.3 

4 

4 

5 
5 

3 

4 

4 

5 
5. 


.179 
,  325 
730 
399 
381 
346 
331 
604 
498 
353 
313 
406 


4 . 381 

4 . .507 


teenth  . Feb. 

Linden  street,  Fourteenth  to  Twenty- 

^t  . Mar. 

Ninth  street,  Broadway  to  Washington ....  Feb. 

San  Pablo  avenue  . Feb. 

Sixteenth,  Adeline  to  Kirkham . Apr. 

Twelfth,  Broadway  to  Franklin  . Feb. 

Twelfth,  Broadway  to  Washington  . June 

Thirteenth,  Broadway  to  Franklin  . Aug.  12, 


11,  1889 . 3 


4,  1893 . 4, 

15,  1889 . 3. 


.333 

,381 

334 


4. 

1889.  .  . 

.  .  .3.  .  . 

330 

.  Apr. 

25, 

1892.  .  . 

.Feb. 

8, 

1892.  .  . 

. .  .4.  .  . 

.  .  .  82 

June 

17, 

1896. . . 

Aug. 

12, 

1899.  .  . 

Streets  Accepted. 


5AND,  CAL. 

373 

Ordinance 

Approved. 

Vol. 

Page. 

Dec.  28,  1898.  . . 

. .  .5. . . 

. . .332 

Sept.  13,  1898.  . . 

. . .311 

Doc  22  1892 

.  .  .4. . . 

. .  .352 

TToVi  8  1 802  .  . 

. . .4. . . 

...  83 

.Jan.  17.  1893.  . . 

. . .361 

June  2.  1898 .  . . 

. .  .278 

IV.— ORDINANCES  OPENING  AND  CLOSING  STREETS. 


Streets  Opened. 

Athol  avenue  . 

Central  avenue . 

Central  avenue . 

Chestnut  street . 

Chestnut  street  . 

Clay  street  . . 

Clay  street  . 

Commerce  street  . 

Cedar  street  . 

Cypress  street  . 

East  Eighteenth  street  . 

East  Twenty-first  street . 

Filbert  street . 

Fourth  avenue  . 

Forty-second  street  (portion  closed)  .  . . 

Fourteenth  street . 

Grant  avenue  . 

Halleck  street . 

Holden  street . 

Horton  street . 

Hubbard  street . 

Knox  place  . 

Lincoln  avenue  (closing)  . 

Linden  street . 

Magnolia  street . 

Moss  avenue,  Oakland  Heights  (closing) 
Oakland  avenue  (closing  portion  of  ) .  .  . 
Seventeenth  street  (Repealed) . 

Tenth  avenue  . 


Vol.  Page. 


.5. 

.3. 

.3. 

.3. 

.3. 

.3. 

.3. 

.  .4. 

,  .5. 

.  .5. 

.  .4. 

I  4. 
!  5- 
.  .3. 
.  .3. 
.  .6. 
.  .5. 
.  .5. 
.  .6. 
.  .6, 
.  .6 
.  .6 
.  .4 
.  .4 
.  .4 
.  .3 
.  .4 
.  .6 
.  .4 


3 

5 


.  .  82 
.  .409 
.  .518 
.  .608 
.  .728 
.  .477 
.  .517 
.  .370 
.  .  32 
.  .423 
.  .177 

.  .630 
.  .141 

.  .388 
.  .648 
.  .105 
.  .225 
.  .347 
.  .  80 
, .  .  80 
.  .  .  80 
.  .  .  80 
.  . .341 
. . .333 
. . .508 
. . .396 
. . .379 
. . .124 
. . .644 

. . .387 
. . .231 
. . .671 
. .  .  80 


Twelfth  avenue 


374 


GENERAL  MUNICIPAL  ORDINANCES 


Streets  Opened. 

Twentieth  street  . 

Thirty-third  street  (or  Nolan) . 

Unnamed  streets,  east  of  “Main  street” 

Webster  avenue  (portion  of) . 

West  street . 


Vol.  Page. 

.3 . 516 

.3 . 609 

.3 . 726 

.3 . 215 

.3 . 381 


V. — ORDINANCES  CHANGING  NAMES  OF  STREETS. 

[See  also  Ordinance  No.  1997  at  page  130  hereof.] 


Name  Changed. 


Vol.  Page. 


Academy  street  to  Dwinell  street  . 5 

Bay  place  to  Twenty-sixth  street  . 2 

Brooklyn,  old  town  of,  generally . 2 

Central  avenue  to  Twelfth  and  East  Twelfth  street . 3 

Division  street  to  Eighth  street . 3 

Bast  Oakland,  generally . 2 

Emma  street  to  Fairmount  avenue . 3 

Lincoln  street  to  Eleventh  street  . 5 

Middle  street  to  Ninth  street . 2 

New  Broadway,  portion  of . 3, 

Pearl  street  to  Fairmount  avenue  . 3, 

San  Pablo  avenue  (confluence  of  Broadway)  . 4, 

Summit  street  to  Fairmount  avenue . 3. 

Taylor  street  to  Ninth  street . 5. 

Telegraph  avenue,  portions  of .  j  3. 

|  4 . 

Webster  avenue,  portion  of . 4. 

General  Ordinances  covering  many  streets  . 5. 

Seward  street  to  Tenth  street . 5. 

Summit  street,  between  Hawley  street  and  Walsworth  ave¬ 
nue,  to  Yosemite  street  . 5. 


Pearl  street,  between  Bay  place  and  Ruby  street,  to  Valdez 
street  . 

Webster  street  from  Broadway  to  northerly  city  line,  to  Pied¬ 
mont  avenue  . I 

Lake  avenue,  between  Perry  street  and  Cottage  street,  to 

Pleasant  Valley  avenue . ; 

Commerce  street  to  Fourteenth  avenue . ; 

Laurel  street,  between  Telegraph  avenue  and  Broadway,  to 

Twenty-fifth  street  . t 

Jones  street  to  Twenty-first  street  . t 

Walnut  street,  between  Telegraph  avenue  and  Lake  Merritt, 

to  Twenty-first  street  . r 

Knox  place  to  Twenty-seventh  street .  e 


. 286 

. 659 

. 271 

. 510 

. 369 

. 271 

. 633 

. 139 

. 463 

_ 329 

. . . .633 
. . . .320 
. . . .633 
. . . .138 

. . . .329 
. . . .320 

. . . .400 
113-254 
. . . .138 

.  . . .113 

.'.  .  .113 

.  .  .  .113 

. . . .113 
.  . . .113 


113 


113 


113 

113 


OF  THE  CITY  OF  OAKLAND,  CAE. 


375 


Name  Changed.  -^age' 

Albion  street  to  Twenty-eighth  street  . 5 . 113 

Merrimac  place  to  Twenty-eighth  street  . 5 . 113 

Caledonia  and  Prospect  avenues,  between  Grove  street  and 

Walsworth  avenue,  changed  to  Twenty-ninth  street  - 5 . 113 

Birnie  street  to  Seventeenth  street . 5 . 113 

Oak  street,  between  Peralta  and  Excelsior  avenue,  to  East 

Oak  street . 5 . 113 

Pine  street,  between  Peralta  and  Excelsior  avenues,  to 

Capell  street  . 5 . 113 

Mound  street,  between  Thirteenth  avenue  and  Clinton  street, 

to  Hopkins  street . 5 . 113 

Excelsior  street,  between  Fourth  and  Clinton  avenues,  to 

Clinton  street  . ^ . ^-3 

Silver  avenue,  between  Fourth  and  Ninth  avenues,  to  East 

Twenty-eighth  street  . .113 

Lincoln  street,  between  Thirteenth  avenue  and  east  city 

line,  to  East  Lincoln  street  . 5 . 113 

Lake  street,  between  Brooklyn  and  Prospect  avenues,  to 

East  Lake  street . ^3 

Central  avenue,  between  East  Twenty-fourth  street  and  Sil¬ 
ver  avenue,  to  Eighth  avenue  . 5 . 113 

Columbia  street,  between  Fourth  and  Ninth  avenues,  to 

East  Twenty-fifth  street  . 5 . 113 

Valdez  street,  between  Livingston  and  Ford  streets,  to  East 

Valdez  street . 5 . 113 

William  street,  between  Peralta  and  Bay  streets,  to  Fifth 

street . ; . ^ . ^3 

Elm  street  to  Twenty-fourth  street . 5 . 113 

Plymouth  avenue,  east  of  Telegraph  avenue,  to  Thirty-fourth 

street  . 5 . 113 

Bay  place,  between  Telegraph  avenue  and  Broadway,  to 

Twenty-sixth  street  . 5 . 113 

Wallace  street,  between  San  Pablo  avenue  and  Grove  street, 

to  Twenty-eighth  street  . 5 . 113 

Campbell  street,  between  San  Pablo  avenue  and  Grove  street, 

^  r  I  1  O 

to  Thirtieth  street . 0 . 

Nolan  street  to  Thirty-third  street . 5 . 113 

Charter  street  to  Twenty-second  street  . 5 . 113 

Alden  street,  between  San  Pablo  avenue  and  Grove  street,  to 

Twenty-ninth  street  . 5 . 113 

Delger  street  to  Twentieth  street . 3 . H3 

Brown  street  to  Thirty-fourth  street  . 5 . 113 

Durant  street  to  Nineteenth  street . 5 . 113 

Walton  street  to  Twenty-eighth  street . 5 . 113 

Wallace  street  to  Thirty-fifth  street  . 5 . 113 

Park  street,  between  San  Pablo  avenue  and  Grove  street, 

to  Twenty- seventh  street . 5 . 113 


376 


GENERAL.  MUNICIPAL  ORDINANCES 
Name  Changed.  Vol.  Page. 


Locust  street,  or  Simpson  avenue,  between  San  Pablo  avenue 

and  Telegraph  avenue,  to  Twenty-third  street  . 5 . 113 

Logan  street  to  Thirty- sixth  street  . 5 . 113 

Summit  street,  west  of  Union  street,  East  Oakland,  to  East 

Summit  street . 5 . 113 

Frederick  street,  from  San  Pablo  to  Telegraph  avenues,  to 

Nineteenth  street  ..  . . 5 . 113 

Lee  street,  between  the  junction  of  Vernon  street  and  Bay 

place,  to  Vernon  street  . 5 . 113 

Oakland  avenue,  between  Orange  street  and  Adams  street, 

to  Perkins  street . 5 . 113 

Curve  street  to  Nineteenth  street  . 5 . 113 

Fairmount  avenue  extension,  between  Moss  avenue  and  the 

northerly  city  line,  to  Fairmount  avenue . 5 . 113 

Twenty-first  street,  from  Telegraph  avenue  to  San  Pablo 

avenue,  changed  to  Jones  street  . 5 . 334 

Twenty-first  street,  from  Telegraph  avenue  to  Lake  Mer¬ 
ritt,  changed  to  Walnut  or  Twenty- second  street . 5 . 334 

Hawley  street,  between  Yosemite  street  and  Twenty-ninth 

street,  to  Fairmount  avenue  . 5 . 661 

Yosemite  street,  between  Hawley  street  and  Walsworth  ave¬ 
nue,,  to  Fairmount  avenue  and  Fairmount  street . 5 . 660 

Santa  Clara  avenue,  between  Vernon  street  and  the  north¬ 
ern  city  line,  to  Moss  avenue . 5 . 113 

Moss  avenue,  between  Fairmount  avenue  and  Lake  avenue, 

to  Santa  Clara  avenue  . 5 . 113 

Morrison  place,  between  Oakland  avenue  and  Orange 

street,  to  Pearl  street  . 5 . 113 

Grand  avenue,  between  Webster  street  and  Lake  Merritt,  to 

Boulevard  Terrace  . 5 . 113 


VI.— ORDINANCES  GRANTING  FRANCHISES. 


I.— FOR  STREET  CARS. 

Date.  To  Whom  Granted. 

1857. 

July  22 . Joseph  Black  et  als . 

1870. 

Sept.  1 . Elijah  Bigelow  et  als . 

Dec.  10 . Elijah  Bigelow  et  als  (amendment) 

Dec.  10 . F.  K.  Shattuck  et  als . 

Dec.  10 . A.  J.  Snyder  et  als . 


Vol.  Page. 

.1 . 110 

.1 . 439 

.1 . 450 

.1 . 451 

.1 . 454 


OF  THE  CITY  OF  OAKLAND.  CAL. 


377 


Date. 

To  Whom  Granted. 

Vol. 

Page. 

1871. 

May  23 ...  . 

.  .Edward  Tompkins  et  als . 

.1.  . . 

. . .469 

July  3 .  .  .  . 

..J.  S.  Emery  et  als  (steam  or  horse) 

.1.  .  . 

. .  .474 

Aug.  28 ...  . 

..Oakland  Railroad  Company  (see 

Ordinance 

No.  1080)  . 

.1.  .  . 

1872. 

Mar.  18 ...  . 

.  .J.  S.  Emery  et  als  . 

Apr.  30 _ 

.  .L.  L.  Johnson  et  als . 

.2.  . . 

...  21 

June  27 ...  . 

..Oakland  Central  Railroad  Company  . 

.2.  .  . 

...  64 

Aug.  10 ...  . 

..Oakland  Railroad  Company . 

.2.  .  . 

...  67 

Sept.  11.  . . 

.  .  .  J.  S.  Emery  et  als  (amendment)  .  .  . 

Dec.  16 ...  . 

.  .H.  F.  Shepardson,  Meetz,  et  als . 

.2.  .  . 

. . .214 

1873. 

Mar.  10 ...  . 

.  .Alameda,  Oakland  and  Piedmont 

Railroad 

Company  (see  Ordinance  No.  1080)  . 

.2.  .  . 

. . .246 

Dec.  10 ...  . 

.  .Oakland,  Brooklyn  and  Fruitvale 

Railroad 

Company  (abandonment) . 

.2.  .  . 

. . .313 

1874. 

Apr.  14 ...  . 

.  .Edward  Tompkins  et  als  (abandonment) . 

.2.  .  . 

. . .328 

Apr.  14 ...  . 

.  .H.  C.  Campbell  et  als . 

Apr.  14 ...  . 

..Oakland  Railroad  Company . 

1875. 

Jan.  11 ...  . 

.  .Alameda,  Oakland  and  Piedmont 

Railroad 

Company  (see  Ordinance  No.  1080) 

.2.  .  . 

. . .387 

Feb.  4 _ 

.  .W.  A.  Bray  et  als . 

Apr.  28 . 

.C.  T.  Hopkins  et  als . 

9 

Nov.  27 _ 

.  .  H.  C.  Campbell  et  als  (amendment) 

9 

. . .427 

Dec.  23 _ 

.  .Walter  Blair  et  als . 

1876. 

Mar.  20 _ 

..East  Oakland,  Fruitvale  and  Mills’  Simi- 

nary  Railroad  Company . 

Mar.  22 ...  . 

.  .Grant  I.  Taggart  et  als . 

May  26.  .  .  . 

.  .Grant  I.  Taggart  et  als . 

May  27 ...  . 

.  .Oakland  Railroad  Company . 

June  30 ...  . 

.  .Broadway  and  Piedmont  Railroad  Company.  . .  . 

.2.  .  . 

. . .476 

June  30 ...  . 

.  .Alameda,  Oakland  and  Piedmont 

Railroad 

Company . 

1877. 

Mar.  3 _ 

.  .E.  C.  Sessions  et  als . 

Nov.  13 .  .  . 

.  .  .Walter  Blair  et  als,  Fourteenth  st. 

R.  R.  Co. . 

,2.  . . 

. . .584 

Nov.  21 _ 

.  .E.  C.  Sessions  et  als . 

Feb.  19 _ 

.  .E.  C.  Sessions  et  als  (extending  time)... 

Mar.  11 ...  . 

.  .Walter  Blair  et  als  (amendment)  . 

June  5 . 

.  .Thomas  A.  Smith  et  als . 

2^ 

Aug.  26 ...  . 

.  .  J.  V.  Webster  et  als . 

Aug.  26 . 

.  .Walter  Blair  et  als  (amendment)  .  . 

Dec.  4 . 

.Walter  Blair  et  als . 

37» 


GENERAL.  MUNICIPAL  ORDINANCES 


Date. 

1879. 


To  Whom  Granted. 


Vol.  Page. 


Jan.  9 . 

. E.  C.  Sessions  et  als, 

,  extending  time  . 

.2.  .  . 

. .  .686 

Jan.  22 . 

.2.  . . 

. . .688 

Dec.  24. 

.2.  . . 

. . .770 

1881. 

Aug.  18. 

. Oakland.  Brooklyn 

and 

Fruitvale 

Railroad 

Company . 

Aug.  19. 

. Alameda,  Oakland 

and 

Piedmont 

Railroad 

Company  (consent 

to  abandon)  .  .  . 

.3.  . . 

...62 

Nov.  21. 

. Walter  Blair  et  als 

(consent  to  abandon)  . 

.3.  . . 

...66 

Dec.  2 . 

(consent  to  abandon)  . 

.3.  .  . 

...71 

1882. 

Feb.  23.. 

1883. 
Aug.  16 

1885. 
Sept.  29. 
Dec.  8. 

1886. 
Jan.  15. 
Jan.  19. 

Feb.  3. 
Feb.  8 . 
Feb.  27. 
July  28. 

Oct.  18. 

1887. 
Feb.  10. 


1888. 
June  26 . 
Dec.  24 

188'9. 
Jan.  16. 
Jan.  30. 

July  31. 
Oct.  30. 
Nov.  28 


.Oakland  Railroad  Company,  horse  or  cable 
cars . 3 . 114 

.A.  E.  Davis,  horse  or  cable  cars  . 3 . 172 

.Fourteenth  Street  Railroad  Company,  horse 
or  cable  cars  . 3 . 175 

.Theodore  Meetz,  horse  or  cable  cars  . 3 . 178 

.Fourteenth  Street  Railroad  Company,  horse  or 

cable  cars  (amendment)  . 3 . 180 

.James  G.  Fair,  horse  or  cable  cars  . 3 . 183 

.J.  M.  Thompson  et  al  . 3 . 187 

.James  G.  Fair,  horse  or  cable  cars  . 3 . 190 

Broadway  and  Piedmont  Railroad  Company, 

horse  or  cable  cars  . 3 . 207 

Alameda,  Oakland  and  Piedmont  Railroad 

Company,  horse  or  cable  cars  . 3 . 218 

Fourteenth  Street  Railroad  Company,  horse  or 
cable  cars . 3 . 226 


Same  declared  forfeited . 4.. 663-664 


A.  E.  Davis,  consent  to  abandon  . 3 . 288 

.Theodore  Meetz  et  al,  horse  or  cable . <..3 . 322 

.Oakland  Railroad  Company,  horse  or  cable  ....3 . 326 

.Broadway,  Berkeley  and  Piedmont  Railroad 

Company,  cable . 3 . 327 

Piedmont  Cable  Company,  cable  . 3 . 363 

M.  H.  Grossmayer  et  al,  cable  . 3 . 39© 

.Oakland  and  Berkeley  Rapid  Transit  Com¬ 
pany,  electricity  . 3 . 393. 


OF  THE  CITY  OF  OAKLAND,  CAL 


379 


Date.  To  Whom  Granted.  Vol. 

1890. 

Mar.  3 . Brooklyn  and  Fruitvale  Railroad  Company, 

horses  . 3.. 

Sept.  15 . John  W.  Coleman  et  als,  electricity . 3.. 

1891. 

Mar.  5 . M.  H.  Grossmayer  et  als,  amendment  . 3.. 

Mar.  18 . Horry  W.  Meek  et  als,  electricity,  etc . 3.. 

Apr.  17 . E.  P.  Vandercook  et  als,  electricity,  cable  or 

motor  . 3.  . 

May  22 . H.  G.  Blasdel,  cable,  electricity,  horses  or 

motor . . . 3 .  . 

1892. 

Jan.  27 . Oakland  Railroad  Company,  amendment . 4.. 

Jan.  28 . E.  P.  Vandercook  et  als,  amendment . 4.. 

Mar.  23 . Consolidated  Piedmont  Cable  Company  suc¬ 
cessors,  &c.,  amendment . 4.. 

June  6 . Consolidated  Piedmont  Cable  Company,  suc¬ 
cessors,  amendment . 4 .  . 

June  28 . E.  A.  Heron  et  als . 4.. 

July  27 . Oakland,.  San  Leandro  and  Haywards  Electric 

Railway . 4.. 

1892. 

Aug.  26 . East  Oakland  Street  Railroad  Co . 4.. 

Aug.  26 . Theodore  Meetz,  amendment . 4.. 

Sept.  2 . Alameda,  Oakland  and  Piedmont  Railroad  Co., 

amendment . 4 .  . 

Sept.  30 . G.  W.  McNear  et  als . 4.  . 

Oct.  24 . Consolidated  Piedmont  Cable  Co . 4.. 

Oct.  24 . Oakland  and  Berkeley  Rapid  Transit  Co . 4.. 

Dec.  16 . Oakland  Railroad  Co.,  amendment  . 4.. 

1893. 

Jan.  17 . Highland  Park  and  Fruitvale  Railroad . 4.. 

Feb.  21 . Horiry  W.  Meek  et  als  . 4.. 

Feb.  21 . Egbert  B.  Stone,  temporary  track  . 4.. 

Mar.  6 . Alameda,  Oakland  and  Piedmont  Electric  Rail¬ 
way  Company  . 4 .  . 

Mar.  20 . Highland  Park  and  Fruitvale  Railroad,  amend¬ 
ment  . 4.  . 

Mar.  21 . Highland  Park  and  Fruitvale  Railroad . 4.. 

Mar.  21 . Welles  Whitmore  et  al  . 4.. 

Declared  forfeited  . 5.. 

Mar.  23 . East  Oakland  Street  Railroad  Co . 4.  . 

May  8 . Central  Avenue  Railway  Co . 4 .  . 

1894. 

Sept.  29 . Highland  Park  and  Fruitvale  Railroad,  exten¬ 
sion  . . 4. . 

Oct.  23 . H.  W.  Meek,  W.  E.  Meek,  et  als . 4.. 


Page. 


421 

503 

575 

580 

600 

610 

78 

SO 

157 

214 

229 

241 

256 

270 

273 

280 

303 

307 

334 

354 

364 

368 

383 

397 

400 

404 

203 

408 

418 


608 

621 


I 


/ 


3So  GENERAL  MUNICIPAL  ORDINANCES 

Date.  To  Whom  Granted.  Vol. 

1895. 

Feb.  15 . Fourteenth  Street  R.  R  Co.,  abandonment  and 

forfeiture  .  .  .  .  . . 4 ,  . 

Deb.  23 . Fourteenth  Street  R.  R.  Co.,  abandonment  and 

forfeiture  . 4,. 

1897. 

Nov.  13 . W.  Whitmore  Alsip  et  al,  abandonment  and 

forfeiture  . 5.. 

1898. 

May  19 . Oakland  Con.  St.  Railway  Co  . 5.. 

June  11 . .Oakland  Con.  St.  Railway  Co . 5.. 

June  11 . Alameda,  Oakland  and  Piedmont  Electric  Rail¬ 
way  Co . 5 .  . 

Sept.  23 . Oakland  Railway  Co.,  to  use  electricity  on _ 

San  Pablo  avenue . 5.  . 

Nov.  28 . Oakland  Transit  Co.,  abandonment . 5.. 

1900. 

June  6 . Oakland,  San  Leandro  and  Haywards  Electric 

Railway  Co . . 

Sept.  8 . Oakland  Transit  Consolidated,  abandonment.  ..  .5  .  . 

1901. 

Aug.  19 . Oakland  Transit  Consolidated,  abandonment.  . .  .5.  . 

1902. 

Mar.  20 . Oakland  Transit  Consolidated,  abandonment.  ..  .5 .  . 

Sept.  5 . Oakland  Transit  Consolidated,  abandonment _ 5.. 

Nov.  15 . Oakland  Transit  Consolidated  . 6.. 

Dec.  29 . San  Francisco,  Oakland  and  San  Jose  Railway. 6... 

1903. 

Deb.  13 . Oakland  Transit  Consolidated  . 6.. 

Apr.  15 . J.  H.  Macdonald  . . 

July  8 . San  Francisco,  Oakland  and  San  Jose  Railway..  6.. 

July  15 . Oakland  Transit  Consolidated  (abandonment) ...  6 .  . 

Sept.  30 . Oakland  Transit  Consolidated . 6. 

Nov.  17 . Oakland  Transit  Consolidated  (abandonment) ..  6 .  . 


II.— FOR  STEAM  CARS. 

1861. 

Nov.  20 . San  Francisco  and  Oakland  Railroad  Com¬ 
pany  . 

1S'68. 

Aug.  24 . Western  Pacific  Railroad  Company 

1871. 

July  3 . J.  S.  Emery  et  als,  steam  or  horses  . 

1873. 

Apr.  21 . Central  Pacific  Railroad  Company  . 


Page. 


654 

663 


202 

277 

283 

284 

317 

330 


468 

495 

576 

624 

689 

2 

28 

40 

60 

88 

92 

120 

151 


148 

327 

474 

254 


/ 


OF  THE  CITY  OF  OAKLAND,  CAL. 


381 


Date. 

1876. 
Feb.  12 
May  27 

1879. 
Feb.  24 
Mar.  3 

1880. 
Mar.  6 

1882. 
Feb.  25. 
Apr.  8 

1884. 
Mar.  24 . 

1886. 
July  6. 

1896. 
May  22 

1898'. 
Apr.  6. 
Dec.  28 

1899. 
Mar.  23. 

1900. 
Dec.  19. 

1901. 
May  19 

1902. 
Nov.  19 
Dec.  29. 

1903. 
July  8. 
Nov.  10 


1862. 
Feb.  7 

1865. 
Dec.  9 

1866. 
July  22. 

July  22. 
1867. 


To  Whom  Granted.  Vol.  Page. 


.Northern  Railway  Company  . 2 . 446 

.John  A.  Hobart  et  als,  side  track  . 2 . 471 

.A.  C.  Dietz  et  als . 2 . 691 

.A.  C.  Dietz  et  als  (amendment)  . . 2 . 698 

.Alfred  E.  Davis  et  als  . 3 .  1 

S.  H.  Melvin  . 3 .  83 

.California  and  Nevada  Railroad  Company . 3 .  88 

.Northern  Railway  Company  . 3 . 135 

Oakland  Township  Railroad  Company . 3 . 201 

.Northern  Railway  Co.,  change  tracks  on  Cedar 
street  . 5 .  67 

South  Pacific  Coast  Railway  Co . 5 . 255 

.Central  Pacific  R.  R.  Co . 5 . 333 

South  Pacific  Coast  Railway  Co.,  amended.... 5 . 359 

.Oakland  Electric  L.  and  M.  Co . 5 . 529 

.Oakland  and  East  Side  R.  R.  Co . 5 . 628 

.San  Francisco  Terminal  Ry  and  Ferry  Co . 6 .  8 

San  Francisco,  Oakland  and  San  Jose  Railway.  .6 .  28 

San  Francisco,  Oakland  and  San  Jose  Railway.. 6 .  88 

.Oakland  and  East  Side  R.  R.  Co . 6 . 145 


III.— MISCELLANEOUS. 

To  Whom  Granted.  What  For. 

.B.  F.  Mann  et  all . Gas  works . 1 . 151 

.William  W.  Biggs  et  als.. Gas  works . 1 . 222 

Wm.  W.  Briggs  et  als  (ex¬ 
tending  time) . Gas  works . 1 . 231 

Contra  Costa  Water  Co.. Water  works . 1 . 232 


382 


GENERAL  MUNICIPAL  ORDINANCES 


Date. 

To  Whom  Granted. 

What  For. 

Vol. 

Page. 

Nov.  1 _ 

.  .  San  Francisco  and  Oak- 
land  R.  R.  Co.  (Re- 

1869. 

pealed,  Vol.  1,  p.  304 . 

.Wharf . 

. .1.  . . 

. .  .277 

June  21 ...  . 

.  .Oak’d  and  Enoinal  Turn- 

1870. 

pike  and  Ferry  Co  . 

.  .Ferry . 

.  .1.  . . 

. . .367 

Mar.  24 ...  . 

.  .  S.  F.  and  Oakl’d  R.  R.  and 

1871. 

W.  P.  R.  R.  Co  . 

.  Bridge . 

. .1. . . 

.. .405 

Mar.  30 ...  . 

.  .Ohas.  Webb  Howard  et  als 

(Home  Gas  Light  Co.)  . 

.Gas  works . 

. .1.  . . 

. . .462 

May  15 ...  . 

.  .Philip  Caduc  et  als  . 

.  Gas  works . 

. .1.  . . 

. . .466 

1872. 

Feb.  17 _ 

.  .Lake  Tahoe  and  S.  F. 

Water  Works  Co . 

.Water  works . . 

. .1. . . 

. . .536 

Mar.  29 . 

..Home  Gas  Light  Co.  (ex- 

1872. 

tending  time)  . 

.  Gas  works . 

. .2.  . . 

. .  .  15 

June  27 . 

.Contra  Costa  Water  Co.  .Water  hydrants . 

.2.  . . 

..  .  63 

Dec.  26 ...  . 

..Home  Gas  Light  Co.,  ex- 

1873. 

tending  time . 

.Gas  works . 

.  .2.  . . 

. .  .220 

June  9 . . . . 

.  .Home  Gas  Light  Company 

1876. 

extending  time . 

.Gas  works . 

.  .2. . . 

. .  .  2S'8 

June  23 ...  . 

.  .Am.  District  Telg’ph  Co.  . . 

.Telegraph  line.  . .  . 

.  .2.  . . 

. . .474 

1877. 

Oct.  19 . 

.  Oakland  and  Alameda 

1879. 

Water  Co . 

.Water  works . 

.  .2.  . . 

. .  .576 

Mar.  24 . 

.West  Evans  et  als . 

.  .Electric  light . . 

. . .700 

1881. 

Nov.  15 _ 

.  .  California  Electric  Light 

Co . 

.Electric  light . 

.  .3. . . 

.  .  .  65 

Nov.  21 _ 

.  .David  Rich  et  als . 

.  Electric  light . 

.3... 

...68 

1883. 

Feb.  9 . 

.J.  G.  Divoll  et  als . 

Water  Works . 

Apr.  20 . 

.A.  Chabot  . 

.  Observatory . 

.3.  . . 

. . .101 

Aug.  20 . 

..Oakland  Gas  Light  and 

Heat  Co . 

..Electric  wires . 

.3.  . . 

. . .150 

Aug.  21 ...  . 

.  .Eli  S.  Dennison  et  als  .  .  . 

.  .Electric  lights  etc. 

.3.  . . 

. . .152 

Oct.  24 . 

.Central  Pacific  R.  R.  Co.  .. 

.  .R.  R.  sig.  system. 

.3.  . . 

. . .153 

1885. 

Feb.  17 . 

.Central  Pacific  R.  R.  Co., 

1886. 

(amendment) . 

. .  .R.  R.  sig.  system. 

.3.  . . 

..  .156 

Dec.  10 . 

.Pacific  Postal  Tel.  Cable 

.3. . . 

. . .224 

OF  THE  CITY  OF  OAKLAND.  CAL. 


383 


To  Whom  Granted. 


What  For. 


Vol.  Page. 


Date. 

1887. 

Mar.  16 . Pacific  Coast  Electrical 

Con.  Co . Electric  lights,  etc.. 3 . 237 

July  8 . N.  W.  Spalding  et  als  ...  Steam  pipes,  etc 3 . 254 

Dec.  6 . Oakland  Electric  Light 

and  Motor  Co . Electric  lights . 3 . 265 

1890.  .. 

May  29 . Oakland  Electric  Light 

and  Motor  Co.  (amendment)  Electric  lights.... 3 . 460 

1892. 

May  26 . Sunset  Telephone  &  Tele¬ 
graph  Co . Electric  wires,  etc.. 4 . 206 

1896. 

Oct.  29 . .L.  Schaffer  et  als . Garbage . 5 .  96 

1898. 

Oct.  5 . Albert  Anker  et  als . Electric  wires . 5 . 319 

1899. 

Jan.  27 . Crematory  . Franchise  forfeited.. 5 . 341 

1901. 

Feb.  21 . James  P.  Taylor . Bunkers . 5 . 537 


1902. 


Nov.  17 . W.  A.  Beasly . Telephone . 6 .  16 


VII.— ORDINANCES  RELATING  TO  ANNEXATIONS  OF  TERRITORY 


Date  of  Approval.  Title.  "V  ol.  Page. 

Apr.  4,  1872 . An  ordinance  to  approve  the  annexation 

of  certain  territory  to  the  City  of  Oak¬ 
land  . .  . . 2 . 16 

Nov.  4,  1872 . An  ordinance  approving  the  annexation 

of  certain  territory  to  the  City  of 

Oakland,  . . 2 . 201 

Sept.  18,  1888 . An  ordinance  providing  for  a  special 

election  to  determine  whether  the 
boundaries  of  the  City  of  Oakland  shall 
be  altered  and  new  territory  included 

therein . 2 

June  1,  1891 . An  ordinance  providing  for  a  special 

election  to  determine  whether  the 
boundaries  of  the  City  of  Oakland  shall 
be  altered  and  new  territory  be  an¬ 
nexed  to  and  made  a  part  of  said  city . .  3 

Same . 5 

.Same  Annexed  to  Second  Ward . 5 


May  11,  1897. 
Sept.  28,  1897 


625 

131 

176 


3§4 


GENERAL  MUNICIPAL  ORDINANCES 


[Note  A  brief  description  of  the  original  boundaries  of  the  city- 
will  be  found  in  the  original  charter.  Stats.  1852,  page  180.  The 
boundaries  on  the  North  and  East  were,  approximately:  Twenty-sec¬ 
ond  street,  as  existing  between  San  Pablo  avenue  and  Market  street,  the 
prolongation  thereof  East  and  West,  Lake  Merritt  and  the  Northern 
arm  of  San  Antonio  creek.  The  first  annextion  (of  April  4,  1872),  in¬ 
creased  the  limits  to  Thirty-sixth  street  on  the  north,  and  to  Cemetery 
creek  on  the  east,  the  second  including  East  Oakland  easterly  to  the 
present  limits  and  northerly  to  Indian  gulch  and  Milbury  street;  and 
the  third  annexation  proceedings  were  had  in  1891,  and  the  territory 
may  be  described  generally  as  that  portion  of  the  city  lying  east  of 
Cemetery  creek  and  its  southerly  continuation  to  Lake  Merritt  and 
north  of  Lake  Merritt,  Indian  gulch  and  Milbury  street;  the  fourth 
annexation  was  made  in  1897  for  description  of  which  see  note  proceed¬ 
ing  Section  5  of  Charter,  ante.] 


VIII.— ORDINANCES  RELATING  TO  THE  WATER  FRONT. 


Date  of  Approval.  Title.  Vol.  Page. 

May  18,  1852 . An  ordinance  for  the  disposal  of  the 

Water  Front  belonging  to  the  Town  of 

Oakland,  Repealed,  Vol.  2,  p.  777 . 

Dec.  30,  1852 . .An  ordinance  to  approve  the  wharf  at 

the  foot  of  Main  street,  and  to  ex¬ 
tend  the  time  for  constructing  the 
other  wharves.  (Repealed,  Vol  2,  p. 

n  n  \ 

tii)  . 


Aug.  27,  1853.  . 

....An  ordinance  concerning  wharves  and 
the  Water  Front.  (Repealed,  Vol.  2,  p. 

777)  . 

Aug.  5,  1854  .  .  . 

...Ordinance  (No.  34)  to  provide  for  the  con- 
struction  and  maintenance  of  a  wharf 
in  the  City  of  Oakland.  (Repealed,  see 
below) .  1 

Dec.  11,  1854.  . . 

...Ordinance  (No.  64)  to  repeal  an  ordinance 
to  provide  for  the  construction  and 
maintenance  of  a  wharf  in  the  City  of 
Oakland .  1 

Jan.  13,  1855... 

...Ordinance  (No.  65)  authorizing  the  entry 
of  judgment  on  condition  in  the 
case  of  J.  B.  Watson  vs.  the  City  of 
Oakland .  2 

June  6,  1855 _ 

..An  ordinance  repealing  an  ordinance  en- 
titled  ‘An  Ordinance  Concerning 
Wharves”  ...  ^ 

3§5 


OF  THE  CITY  OF  OAKLAND,  CAL. 


Date  of  Approval.  Title.  Vol. 

Sept.  4,  1867 . An  ordinance  providing  for  a  suit  to  settle 

the  title  of  the  city  to  the  Water  Front, 
and  the  employment  of  counsel  therein.  1.  . 

Nov.  12,  1867 . An  ordinance  granting  to  the  San  Fran¬ 


cisco  and  Oakland  Railroad  Company 
the  use  of  a  portion  of  the  Water  Front 
for  the  erection  of  a  Marine  Railway 
and  Wharf.  (Repealed,  Vol.  1,  p.  304)..  1 

April  1,  1868 . An  ordinance  for  the  settlement  of  contro¬ 

versies  and  disputes  concerning  the 
Water  Front  of  the  City  of  Oakland, 
the  franchises  thereof  and  other  mat¬ 
ters  relating  thereto.  (Amended,  Vol  1, 
p.  301.  Repealed,  Vol.  2,  p.  768) . 1 


April  2,  1868 . An  ordinance  to  amend  an  ordinance  en¬ 

titled  “An  Ordinance  for  the  settlement 
of  Controversies  and  Disputes  Con- 
corning  the  Water  Front  of  the  City  of 
Oakland,  the  Franchises  Thereof,  and 
Other  Matters  Relating  Thereto,” 
passed  and  approved  April  1,  1868.  (Re¬ 
pealed,  Vol.  2,  p.  768 . 1 

t 

April  2,  1868 . An  ordinance  finally  settling,  adjusting 


and  compromising  the  question  of  the 
Water  Front.  (Repealed,  Vol  2,  p.  768) .  .1 

April  6.  1868 . An  ordinance  repealing  an  ordinance 

granting  certain  lands  on  the  Water 

Front  . 1 

Sept.  20,  1871 . An  ordinance  to  provide  for  the  settle¬ 

ment  of  certain  litigation  therein  men¬ 
tioned  . 1 

Aug.  21,  1879 . An  ordinance  releasing  to  the  United 

States  certain  portions  of  the  Water 
Front  of  the  City  of  Oakland . 2 

Dec.  22,  1879 . An  ordinance  to  repeal  certain  ordi¬ 
nances  of  the  City  of  Oakland  . 2 

Feb.  4,  1880. . An  ordinance  repealing  certain  ordi¬ 

nances  passed  by  the  Board  of  Trustees 
of  the  Town  of  Oakland . 2 


Jan.  12,  1882 . An  ordinance  to  prevent  further  litigation 

concerning  the  Oakland  Water  Front.. 3 

Aug.  19,1893 . An  ordinance  providing  for  the  employ¬ 

ment  and  payment  of  Messrs.  Davis  & 
Hill,  etc . 4 


Page. 


270 


298 

301 

302 

304 

516 

750 

765 

.777 
,  75- 

.463: 


GENERAL  MUNICIPAL  ORDINANCES 


386 


Date  of  Approval.  Title. 

Aug.  19,  1893 . An  ordinance  to  employ 

sel,  etc . 


Vol. 

associate  coun- 
. 4.  . 


Dec.  23,  1893 . An  ordinance  providing  for  the  employ¬ 

ment  and  payment  of  associate  coun¬ 
sel,  etc . 4 


Dec.  23,  1893 
Oct.  2,  1894 
Oct.  3,  1894 
Oct.  9,  1894, 

May  19,  1898 


.An  ordinance  provding  for  the  employ¬ 
ment  and  payment  of  Davis  &  Hill,  etc. 4 
An  ordinance  providing  for  the  payment 
ment  of  Davis  &  Hill,  etc . 4 

An  ordinance  appropriating  money  for 

expense  of  printing  record,  etc . 4 

An  ordinance  providing  for  payment  of 
the  balance  due  Messrs.  Pringle  and 
Powell,  etc . . 

Payment  to  Water  Front  Company  costs 
of  Appeal .  5 


Page. 
.  .466 

.  .518 

.  .520 

.  .606 
.  .612 

.  .614 

.  .272 


,x> — BOULEVARD,  park  and  school  bond  ordinances. 


Approved. 

1890. 

Aug.  25 . . . 
-Sept.  1... 
Oct.  30.  . . 
Dec.  2 . . . 
Dec.  4... 
Dec.  4.  . . 
Dec.  4 . . . 

1891. 

June  3... 
Aug.  1 . . . 
Aug.  29.  . . 
Sept.  23.  . . 

Sept.  23. . . 

Sept.  23. . . 

1892. 

Jan.  4.... 

Jan.  4 _ 

Feb.  4 . . . . 


Subject.  Y01. 

.Determining  lands  for  Boulevard  . 3., 

.  Determining  land  for  Water  Park  . 3 . . 

.Determining  lands  for  West  Oakland  Park . 3.. 

.Accepting  deed  from  Edson  F.  Adams  et  als _ 3.. 

.Accepting  deed  from  Alameda  County  Land  Co.  .3. . 
.Accepting  deed  from  Edson  F.  Adams  et  als 3.. 

•  Accepting  deed  from  Edson  F.  Adams  et  als _ 3.. 

.Authorizing  expenditure  of  $19,000  on  Boulevard . 3 . . 

•  School  sites  and  Buildings  . . 3 

.Determining  lands  for  West  Oakland  Park . 3.. 

.Necessity  for  School  buildings  and  improve¬ 
ments  .  2 

.Plans  and  estimates  for  Boulevard  and  West 
Oakland  Park .  3 

.Necessity  for  West  Oakland  Park,  Boulevard 
and  Water  Park .  3 

Calling  election  for  Park  and  Boulevard  Bonds  .  .4. . . 

Calling  Election  for  School  Bonds  . 4 

Prescribing  notice  for  School  Bond  Election _ 4. 


Page. 

.  .497 
.  .500 
.  .521 
.  .537 
.  .539 
.  .539 
.  .540 

.  .633 
.  .657 
.  .665 

.  .687 

. .  688 

.  .690 

. .  16 
. .  46 
..116 


OP  THE  CITY  OF  OAKLAND,  CAL 


387 


Approved. 

1892. 

Feb.  20.  . . 

Apr.  22 .  . . 
June  24. . . 
Aug.  22.  . 

May  1 .  . 

1893. 

June  13 .  . . 

1894. 

Mar.  12 .  . 

1895. 

Sept.  24.  . 

1896. 

Jan.  24. . 
Oct.  22.  .. 


Subject. 


Vol.  Page. 


Prescribing  notice  for  Park  and  Boulevard 

Bond  Election . 4 

Declaring  result  of  School  Bond  Electon . 4 

Providing  for  issuance  of  School  Bonds . 4 

.Authorizing  expenditure  of  $100,000  on  Boule¬ 
vard  (repealed) . 4 

Repealing  ordinance  of  August  22,  last  above. . .  .4 


84 

172 

220 

249 

417 


Compromising  Boulevard  claim  of  E.  B.  Stone.. 4 

.Appropriating  $2500  for  improvement  Lake 
Shore  avenue . 4 

.Regulating  use  of  Boulevard . 5 

Protecting  Parks . 5 

Authorizing  Purchase  of  Land  for  Park . 5 


423 


542 

718 

23 

95 


1897. 

Feb.  18 . Authorizing  filling  in  of  Park  Land  . 5 

Oct.  20 . Same  . 5 

July  15 . Authorizing  Bond  Issue  $140,000  . 5 

1898. 

Apr.  9 . Adams’  Point  Property  designated  to  be  ac¬ 
quired  for  Park . 5 

Sept.  23 . Park  Bond  Election,  $320,000  Bonds  . 5 


111 

186 

155 


259 

315 


[See  Ordinances  No.  2126  to  2130,  inclusive,  Vol.  5,  pages  633  to  646, 
declaring  the  city  has  not  complied  with  conditions  of  the  deeds  of 
dedications  made  by  Edson  Adams  et  al,  in  relation  to  portion  of  the 
boulevard.] 


6 


1903. 
Mar.  18 


Accepting  Bushrod  Park 


58 


388 


GENERAL  MUNICIPAL  ORDINANCES 


APPENDIX. 


[Note  The  following  general  ordinances  have  been  passed  by  the 
Council  of  the  City  of  Oakland  and  approved  by  the  Mayor  since  the 
forgoing  pages  went  to  print.] 


ORDINANCE  NO.  2226. 


AN  ORDINANCE  CONSENTING  TO  DECLARING  THE  NECESSITY 
FOR,  AND  AUTHORIZING  AN  INCREASE  IN  THE  POLICE 
FORCE  OF  THE  CITY  OF  OAKLAND,  EMPOWERING  THE 
BOARD  OF  POLICE  AND  FIRE  COMMISSIONERS  TO  ADD 
THERETO  SIX  ADDITIONAL  POLICE  OFFICERS  AND  FIXING 
THEIR  COMPENSATION. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Whereas,  the  increase  of  population  and  public  interest 
lequire  additional  Police  Officers,  the  Council  hereby  authorizes  and  em¬ 
powers  the  Board  of  Police  and  Fire  Commissioners  of  the  City  of  Oak¬ 
land  to  increase  the  police  force  of  said  city  by  appointing  and  em¬ 
ploying  six  additional  police  officers.  Said  police  officers  to  receive  the 
same  compensation  as  is  now  received  by  police  officers  in  said  de¬ 
partment. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  October  21,  1903.  Vol.  6,  p.  126.) 


ORDINANCE  NO.  2232. 


AN  ORDINANCE  REPEALING  SECTION  40  OF  ORDINANCE  NO. 
1009,  ENTITLED  “AN  ORDINANCE  ESTABLISHING  AND  REG¬ 
ULATING  MUNICIPAL  LICENSES.” 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 


OP  THE  CITY  OF  OAKLAND,  CAL. 


389 


Section  1.  Section  40  of  Ordinance  No.  1009  establishing  and  reg¬ 
ulating  municipal  licenses,  said  section  imposing  a  license  on  Express 
Companies,  is  hereby  repealed. 

Section  2.  This  ordinance  shall  take  effect  immediately. 
(Approved  October  29,  1903.  Vol.  6,  p.  135.) 


ORDINANCE  NO.  2240. 


.AN  ORDINANCE  REQUIRING  LIGHTS  ON  HACKNEY  CARRIAGES 

AND  ALSO  REPEALING  AN  ORDINANCE  ENTITLED  “AN 

ORDINANCE  CONCERNING  THE  NUMBERING  AND  LIGHTING 

OF  VEHICLES  AND  BOATS,”  APPROVED  NOVEMBER  17,  1901. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  driver  of  any  hackney  car¬ 
riage  to  use,  or  attempt  to  drive  said  hackney  carriage  on  any  public 
street  of  the  City  of  Oakland,  at  night,  without  first  providing  said 
carriage  with  lamps,  and  said  lamps  must  be  kept  lighted  at  all  times 
when  said  carriage  is  in  use. 

Section  2.  Every  person  who  shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dollars, 
and  in  case  the  fine  be  not  paid  then  the  person  so  fined  may  be  im¬ 
prisoned  in  the  City  Prison  of  the  City  of  Oakland  at  the  rate  of  one 
day  for  each  two  dollars  of  the  fine  imposed. 

Section  3.  An  ordinance  entitled  “An  Ordinance  Concerning  the 
Numbering  and  Lighting  of  Vehicles  and  Boats,”  approved  November 
17,  1901,  and  all  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

Section  4.  This  ordinance  shall  take  effect  and  be  in  full  force  on 
and  after  its  approval. 

(Approved  November  9,  1903.  Vol.  6,  p.  144.) 


ORDINANCE  NO.  2233. 


AN  ORDINANCE  AUTHORIZING  THE  BOARD  OF  PUBLIC  WORKS 
TO  APPOINT  AN  ADDITIONAL  GARDENER  FOR  THE  CITY 
PARKS. 


390 


GENERAL  MUNICIPAL  ORDINANCES 


Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  The  Board  of  Public  Works  is  hereby  authorized  to  ap¬ 
point  an  additional  gardener  for  the  care  of  city  parks  of  the  City  of 
Oakland  and  his  compensation  for  such  services  is  hereby  fixed  at 
$70.00  per  month. 

Section  2.  This  ordinance  shall  take  effect  immediately. 

(Approved  November  9,  1903.  Vol.  6,  p.  136.) 


ORDINANCE  NO.  2244. 


AN  ORDINANCE  AMENDING  SECTION  32  OF  ORDINANCE  NO. 
1995,  ENTITLED  “AN  ORDINANCE  FIXING  THE  SALARIES 
OF  CERTAIN  EMPLOYES  OF  THE  CITY  OF  OAKLAND,  AND 
REPEALING  ORDINANCE  NO.  1982,”  APPROVED  AUGUST 
1,  1899. 

Be  it  Ordained  by  the  Council  of  the  City  of  Oakland,  as  follows: 

Section  1.  Section  32  of  Ordinance  No.  1995,  entitled  “An  Ordinance 
Fixing  the  Salaries  of  Certain  Employes  of  the  City  of  Oakland  and 
Repealing  Ordinance  No.  1982,  Approved  April  29,  1899,”  and  approved 
August  1,  1899,  is  hereby  amended  to  read  as  follows: 

“The  Salary  of  the  Batteryman  of  the  Fire  Alarm  and  Police  Tele¬ 
graph  is  hereby  fixed  at  $90  per  month.” 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  on  and  after  the  date  of 
its  approval. 

(Approved  November  17,  1903.  Vol.  6,  p.  150.) 


262 

320. 

337. 

360 

367. 

396, 

403. 

418 

435 

450 

506 

514 

537 

551 

598 

602 

654 

655 

684 

701 

703 

712 

715 

719 

728 

729 

730 

784 

816 

818 

820 

866 

868 

869 

875 

876 

879 

881 

932 

935 

938 

941 

952 

968 

L005 

L009 

L010 

L011 

L021 

L024 


ORDINANCES 


Numerical  Index 


Page 

317 

318 
127 

318 
136 

319 

138 

320 

320 

139 
281 

321 

322 
102 
209 

89 

322 
141 
224 
216 

224 
282 

141 

323 

219 

284 

142 

285 
.  324 

324 
276 
280 

220 

225 

325 
.  209 

325 

326 

326 

143 

226 

327 

145 

146 
.  .328 

103 

329 
.  330 

330 

147 


Number  Page' 

1033 .  285 

1084 .  148 

1089 .  211 

1104 .  220 

1108 .  226 

1110 .  95 

1113  .  84 

1114  .  148 

1121 .  212 

1135 .  331 

1137  .  331 

1138  .  213 

1139  .  333 

1140  .  333 

1143  .  336 

1144  .  336 

1145  .  337 

1147  . 214 

1148  .  149 

1178  .  96 

1179  .  96 

1188 .  150 

1214 .  227 

1216 .  97 

1219  .  337 

1220  .  150 

1221  . v .  181 

1224 .  229 


1242. 

1252. 

1253. 

1259. 

1260. 
1262. 
1267. 
1283. 
1293. 

1297. 

1298. 
1329. 

1331. 

1332. 

1333. 

1336. 

1337. 
1341. 
1344. 
1346. 

1348. 

1349. 


.  .  154 

.  .  156 

86 

.  .  222 
.  .  157 

.  .  159 

.  .  160 
.  230 

.  .  231 

.  .  161 
.  .  232 

.  .  233 

.  .  233 

. .  296 

.  .  81 
.  338 

90 

.  .  234 

.  235 

.  .  235 

.  .  222‘ 


392 


INDEX  TO  ORDINANCES. 


Number 


Page 


Number 


1354 

1355 
1360 
1362 

1366 

1367 
1369 
1378 
1381 
1386 
1396, 
1422. 
1437. 
1456. 
1460. 
1462. 
1477. 
1480. 
1482. 
1520. 
1532. 
1537. 

1539. 

1540. 

1542. 

1543. 

1544. 

1547. 

1548. 
1558. 

1568. 

1569. 

1574. 

1575. 

1595. 

1596. 
16J)2. 

1604. 

1605. 
1606.. 
1609. 
1616. 

1617. 

1618. 
1622.  . 

1623. . 

1626. . 

1641. . 

1647. . 

1654. . 
1655.  . 

1657. . 

1661. . 
1662. . 

1665. . 

1667. . 
1668.  . 
1670.  . 
1672.  . 
1683.  . 
1685.  . 


162 

1691. 

164 

1694. 

236 

1695. 

165 

1702. 

95 

1704. 

166 

1705. 

122 

1708. 

214 

1724. 

94 

1725. 

166 

1727. 

286 

1729. 

167 

1735. 

175 

1736. 

236 

1738. 

178 

1739. 

340 

1746. 

204 

1747. 

124 

1752. 

182 

1754. 

239 

1766. 

240 

1770. 

342 

1802. 

300 

1806. 

345 

1808. 

300 

1812. 

301 

1817. 

345 

1819. 

271 

1824. 

269 

1825. 

205 

1828. 

287 

1829. 

302 

1836. 

302 

1844. 

303 

1848. 

241 

1853. 

304 

1854.  . 

182 

1860.  . 

346 

1865.  . 

347 

1869.  . 

88 

1870.  . 

187 

1874. . 

242 

1890.  . 

189 

1901.  . 

243 

1906.  . 

88 

1908. . 

288 

1910.  . 

190 

1928.  . 

223 

1929.  . 

252 

1945. . 

306 

1955.  . 

306 

1956.  . 

307 

1957.  . 

308 

1959.  . 

308 

1960.  . 

309 

1961.  . 

223 

1965.  . 

100 

1974  . 

310 

1975. . 

348 

1978.  . 

190 

1987.  . 

311 

1995.  . 

Page 

349 

97 

98 
151 

191 

311 

350 

350 
291 

99 

192 
254 

254 

351 

315 

312 

316 
192 
315 
354 

194 

255 
263 

195 

354 

355 

205 
101 
195 

356 
201 
202 

263 

264 

265 
268 

206 
299 
181 
238 
348 
127 

91 

341 

134 
339 

297 

298 
203 
160 
208 
332 

85 

86 

135 
267 
313 
135 

343 

344 
82 


1997 

1999 

2001 

2003 

2004 

2008 

2010 

2028 

2033 

2049 

2050 

2055 

2063 

2069 

2083 

2088 

2105 

2107 

2108 

2110 

2136 

2142 

2153 

2154 

2175 

2176 

2180 


393 


$ 


INDEX  TO  ORDINANCES. 


Page 


Number 


Page 


.  120 
.  198 

.  228 
.  163 

.  214 

87 

.  293 

.  137 

.  857 

89 

.  199 

.  215 

.  352 

.  .  117 
.  234 

.  177 

.  125 

.  368 

.  245 

.  206 
.  358 

.  199 

.  262 
.  221 
.  256 

90 

.  207 


2181 .  207 

2185 . 359 

2194 .  317 

2200 .  200 

2202  .  335 

2203  .  117 

2208 .  360 

2222 .  200 

2226 .  388 

2232  .  388 

2233  .  389 

2237  .  274 

2238  .  275 

2240 .  389 

2244 .  390 

2246 .  332 

Grade  Ordinance . 362-367 


Width  of  Sidewalks..  ..368-372 

Accepting  Streets . 372-373 

Opening  and  Closing  Sts  373-374 
Changing  Names  of  Sts.. 374-376 

Franchises . 376 

Annexation  of  Territory .. 377-384 

Water  Front . 384-386 

Boulevard,  Park  and  School 

Bond . 386-387 


v 


Index  to  Charter. 


Section 

Abandonment  of  franchise . 18& 

Abstract  to  be  made  by  Assessor . 139 

Accepting  Streets . Sub.  1,  Sec.  31 

Acid  Works . Sub.  15,  Sec.  31 

Acts  of  Police  and  Fire  Commissioners  subject  to  approval  by 

Council  .  .  .  .  . . 159 

Affidavit — 

Of  bidder .  80 

Before  receiving  salary .  42 

City  Clerk  may  take .  39 

See  “Oaths.*’ 

Agreements  (see  Contracts). 

Mayor  to  see  enforced .  35 

Aisles — Obstructions  in . Sub.  22,  Sec.  31 

Alleys — Openings,  etc . Sub.  1,  Sec.  31 

Altering  Grades . Sub.  1,  Sec.  31 

Amusements . Sub.  13,  Sec.  31 

Anchorage . Sub.  9,  Sec.  31  and  Sec.  71 

Animals,  dead . Sub.  19,  Sec.  31 

Animals,  at  large . Sub.  16,  Sec.  31 

Annual  Report — Health  Department . 168 

Apparatus,  electrical,  etc.,  in  streets . Sub.  33,  Sec.  31 

Application  for  franchise . Sub.  37,  Sec.  31 


,203, 


Application  for  Street  Improvement . 

Application  of  School  Fund . 

Appointment  and  removal  of  Clerks  and  Employees . 

Approval  of  demands  by  Auditor . 

Approval  of  Official  Bonds . 

Approval  of  ordinance  by  Mayor . 

Architect — 

Appointment  and  duties . 

Salary,  by  whom  fixed . . . ;  . . 

Term  of  office . 

Ashes . Sub.  19,  Sec.  31 

Assessor  (see  Auditor). 


102 

129 

204 

40 

45 

21 

74 

68 

76 


INDEX  TO  CHARTER 


395 


Assessment  of  property  (see  “Revenue  and  Taxation).  Section 

Assessment  Roll . 138 

Basis  of  Assessment .  147 

Duties  of  Assessor . . 40,  134,  137-140,  146-143 

Equalization .  136,  137,  142,  143 

Lands  partly  outside  the  city . 133 

Subsequent  Assessment . 147,  148 

Associated  Charities . Sub.  46,  Sec.  31 

Auditor  and  Assesor — 

(See  “Assessment  of  Property”). 

Annual  statement  to  Council . 134 

Duties . 40,  134,  137-140,  146-148 

Election  of . 7 

Ex- Officio  Assessor .  40 

Qualifications . 200 

Reports .  40 

Salary . , .  44 

» 

To  countersign  contracts .  30 

Awnings  and  awning  posts . Subs.  3,  20,  Sec.  31,  and  Sec.  71 

Award  of  contract . 81,  84 

Ayes  and  noes,  Board  of  Works . 67 

Board  of  Education . 113,  130 

On  veto  of  Mayor . 22,  23 

Bailiff  of  Police  Court .  58 

Ballast,  refuse . Sub.  19,  Sec.  31 

Bank,  loan  of  City  Funds  to .  41 

Banners  and  flags  in  streets . Sub.  3,  Sec.  31 

Basement,  entrance  to . Sub.  20,  Sec.  31 

Basis  of  Assessment . 147 

Bells  in  streets . Sub.  3,  Sec.  31 

Bells,  railroad  ' . Sub.  27,  Sec.  31 

Benches  in  aisles . Sub.  22,  Sec.  31 

Bequests .  1 

Bids,  action  upon . .  ..  81 

Check  to  accompany .  80 

Franchises,  bids  for . Sub.  37,  Sec.  31 

Notice  for . 79,  85 

Requirements  of .  80 

Provisions  as  to . 80-83,  86 

Births  and  deaths . 178-181 

Board  of  Education . 112-133 

Application  of  School  Fund . 128-129 

Ayes  and  noes . 113,  130 

Certificates  granted . 125 

City  Board  of  Examination . 125 

Claims  against  School  Fund . 130,  131 

Contagious  diseases  to  be  reported . 173 

Demands  against  School  Fund . 130,  131 


396 


INDEX  TO  CHARTER. 


Board  of  Education— Continued.  Section 

Directoi  s,  qualifications,  terms  of  office,  etc .  112 

Election  of .  ^ 

Emergency— Expenditures . '  ”  ’  *  ”  132 

Extraordinary  expenditures . 

Limit  of  indebtedness  .... 


,,  . 131 

Meetings,  regular  and  special . . 

Money  from  sales  of  property . Sub.  14,  Sec.  114 

New  school  houses .  119  121 

Oaths,  Board  may  administer .  215 

Organization .  *  ’  ’  ’  223 

Pecuniary  interest,  Directors  to  have  no . .  ’  .  123 

Plans  and  specifications  for  new  school  house,  requisition 

^  f°r . .  120,  121 

Powers  and  duties . 

President  of  Board . 

Qualifications . ..112,  200 

Quorum . 

Records  of  Board  . 

Repairs . 

Report . 

Report  of  Superintendent . 

Requisitions  for  supplies .  216 

Rules  of  procedure . 

Salaries,  teachers . 

School  Buildings . 

School  Fund  . 

Special  meetings,  notice  of . 

Superintendent  and  Assistant . 7.  .  .115  126 

Supplies,  requisition  for . 

Surplus . 

Suspension  of  Teachers  by  Superintendent . 

Term  of  office . 

Teachers — 

Employment  and  removal  of . Sub.  2,  Sec.  114 

Suspension  of . 

Salaries  to  be  fixed . 

transfer  to  School  Fund  in  emergency 

Vacancies . 

Vote  necessary  for  action . 

Warrants . 

Board  of  Health . 

Annual  Report . 

Appointment  of  Board 

Births  and  deaths . 

Board,  how  constituted  ....  .  ’ 

. 171 

•  *  •  . . . . 179,  180 


114 
113 
200 
113 
113 
122 
118 
127 
117 
.  ..  113 
...  124 
121,  122 
128,  129 
.  ..  196 
127 
116,  117 
.  ..  128 
.  ..  127 
.  ..  112 


127 
124 
132 
113 
113 
130,  131 
164-184 
.  ..  168 
..  164 


Building  unfit  for  habitation 
Burial  permits . 


INDEX  TO  CHARTER 


397 


Board  of  Health — Continued.  Section 

Contagious  diseases .  172,  173,  174,  175 

Dead  bodies,  removal  of . 179 

Duties  and  powers . 167,  183 

Expenses . 168,  182 

Health  Officer  and  City  Physician . 169-170 

Meetings . 166 

Mortality  records . 178 

Oaths,  members  may  administer . 184 

Office,  Council  to  provide . 166 

Organization . 165 

Orders,  Council  to  enforce . 182’ 

Permits . 179,  180 

Permit  to  connect  with  sewer . 108 

Pesthouses . 175 

Qualifications .  164,  200 

Quarantine . 174,  176,  177 

Regulations,  sanitary . 177 

Rules  and  regulations . 182 

Secretary . 169 

Special  meetings . 166 

Term  of  office . 164 

Unhealthful  buildings,  powers  as  to . 171 

Vote  necessary  for  action . 165 

Board  of  Police  and  Fire  Commissioners . Secs.  150-163 

Acts  subject  to  approval  of  Council . 159 

Additional  employees . 161 

Annual  reports . 157 

Apparatus . 156,  159 

Appointments  and  removals . 154 

Claims . 158 

Contracts  let  by  Board  of  Works  for  supplies . 159 

Custody  of  property  or  departments . 156 

Discipline  and  punishment . 162 

Employees,  how  appointed . 154 

Estimate  of  salaries  and  expenses  . . 157 

Executive  sessions . 152 

Fire  Alarm  and  Police  Telegraph . .-.157,  159,  160 

Superintendent  of . 160 

Fines  and  forfeitures . 162 

Fire  Department,  how  constituted . 161 

Management  of . 150 

Hydrants  and  cisterns . 159 

Information  to  Council . 152 

Investigations . 163 

Meetings . 152 

Misconduct  of  employees . 162 

Officers  of  departments . 161 

Organization . 151 


398  INDEX  TO  CHARTER. 

V 

Board  of  Police  and  Fire  Commssioners — Continued  Section 

Powers  of  Board . 155,  156 

President,  how  elected . 151 

Quorum,  etc .  152 

Removal  of  employees  . 154,  203 

Repairs  and  alterations . 159 

Relief  fund . 162 

Rules  and  regulations . 161,  152,  155 

Secretary,  duties  of . 153 

Special  meetings . 152 

Trials,  examinations . 162 

Term  of  office . 151 

Urgent  repairs . 159 

Votes  necessary  for  action . 152 

Board  of  Examination,  teachers . 125 

Board  of  Public  Works . 7  and  63-86 

Affidavit  of  bidder .  80 

Anchorage  of  vessels . Sub.  9,  Sec.  31  and  Sec.  71 

Architect .  74 

Ayes  and  noes .  67 

Award  of  contract . 81,  84 

Awnings .  71 

Bids . 80,  81,  82,  83,  86 

Bond . 83,  64 

Building  material  and  public  buildings .  71 

Bridges . 71 

Cellars  and  vaults  .  . .  71 

Certificate  of  completion  of  contract . 85 

Checks . 80,  81,  83 

City  Attorney  a  Commissioner .  63 

City  Attorney,  contracts  under  supervision  of .  82 

Commissioners,  how  constituted . 7,  63 

Compensation .  63 

Commissioners .  63 

Contracts — 

By  whom  drawn .  83 

Bond  accompanying .  83 

Cancellation  of . '  .  .  go 

Commissioners  not  to  be  interested  in .  86 

Custody  of .  83 

Extension  of  time .  83 

For  work . 78,  79,  83 

For  supplies . 84,  85 

Modification  of  .  .  ...  ..• .  83 

Notice  of  award  of .  81 

Police  and  Fire  Departments . 159 

Re-awarding . 80,  82 

Resolution  on  completion  of .  85 

Sureties  on . 83 

Void,  when . 82,  86 


INDEX  TO  CHARTER. 


399 


"Board  of  Public  Works— Continued.  Section 

^  .  . 33,  66,  67,  69 

Documents . 

_  .  71 

Drains . 

Employees— 

Appointment . 

Bonds  of .  ^ 

„  .  ....  76 

£  O 

Engineer,  City,  a  Commissioner . 

Engineer’s  deputies .  ^ 

Electric  light  poles .  ^ 

Entrances .  1 

83 

Extending  time . 

•  so 

Erasures  and  interlineations . 

81 

Forfeiture  of  check . 

71 

Fences  and  railways  on  sidewalks . 

71 

Gas  pipes,  water  pipes,  etc . 

Gutters,  etc . * . 

70 

Harbor  and  water  front . 

71 

Improvements . 

Information  furnished  to  Mayor  or  Council .  66 

71 

Lamps  and  lighting . 

Material  and  supplies . Sub.  17,  Sec.  31,  and  Secs.  70,  84 


Mayor,  member  of  Board . 

Moving  buildings . 

Meetings . 

Notices,  generally . 

Notices  of  proposals . 

Obstructions . 

Organization — 

President,  term  of  office . 

Secretary,  duties  of . 

Parks  . 

Permits . 

Pipes  . 

Plans,  specifications,  etc.  (school  buildings) 

Poles,  posts,  etc . 

Police  and  Fire  Departments,  supplies  for 

Powers  and  duties . 

President . 

Printing . 

Proposals  for  work . 

Proposals  for  supplies  and  materials  .  . 

Public  buildings . 

Public  work  and  supplies . 

Action  upon  bids  for . 

Notice  of  bids  for . 

Qualifications . . . 

Quorum . 


.  63 

.  71 

.  65 

.  67 

78,  79,  84,  85 

.  71 

.  64 

.  67 

.  71 

.  71 

.  71 

.  ..  120,  121 

.  71 

. 160 

.  .  ..66-85,  71 

.  64 

.  77 

. 78,  80 

.  84 

.  71 

.  .  .70,  77,  84 

.  81 

. .  ..78,  79,  84 

. 200 

.  65 


400 


INDEX  TO  CHARTER. 


Board  of  Public  Works— Continued.  Section 

Railways  and  railway  tracks . 

Records,  documents,  etc .  65  66  60 

Recommendations  to  Council . ’  *  *  “  "  *  '  ’  ?() 

Reference  to  Board  by  Council . .  ’*  ’  *  "  **  1Q2 

Repairs,  improvements,  etc . \  *’  "  71  77 

Requisition  by  Board  of  Education .  119  ’120 

Resolutions  and  orders .  *  *  67 

Resolution  on  completion  of  contract .  85 

Rules  and  regulations . [  ’  ’  * .  ^ 

Salaries  of  employees .  gg 

Salaries  of  Commissioners .  *  *  44 

Schoolhouses,  new .  . ^ 

Schoolhouses,  repairs  on  . .  . .  199 

Secretary  ....  122 

Sewers,  power  over  generally . Sub.  4,  Sec.  31,  and  Sec.  71 

Connection,  permit  for .  ^g 

Sewerage  and  drainage  system .  105-111 

Signs .  71 

Sinks .  . 

‘  *  **  *•  ••  ••  ••  ••  •  .  •  •  •  «  (  f  t  ,  ##  ##  f 

Special  meetings .  ’  .^g 

Specifications  and  drawings .  gg 

Steam  boilers . . 

Steps .  ^ 

Streets,  power  concerning .  7^ 

Cleaning  and  repairing .  7^ 

Improvement  of . 104 

. 90-100 

Superintendent  of  Public  Works .  75 

Supervision  of  public  works .  7q, 

Superintendent  of  Streets . .  .  .  .  .  .  .  .  .  .  7S 

Supplies  and  materials . Sub.  17,  Sec.  31,  and  Secs.  70,  84 

Telegraph  and  telephone  poles .  71 

Term  of  office .  7 

Urgent  necessity .  ’  ' 

Vaults .  . 

Votes  necessary  for  action .  ’  6& 

Water  front  and  anchorage .  71 

Wharves . 

*  *  *  *  *  *  *  **  •  •  **  •  •  •  •  A  •  ••  ••  #  .  71 

Wires . 

.  71 

Boilers,  steam .  ~  0  '  '  *  * 

Bonds,  official . 45,  46,  64 

Bonded  indebtedness  for  improvements  . '  . .  *14$ 

Accompanying  contracts .  . 

Of  Health  Officer .  *  ^g^ 

For  public  improvements .  *  149 

Books,  documents,  etc  . .  33,  66,  67,  69? 


INDEX  TO  CHARTER,  401 

Section 

Boundaries  of  city .  ^ 

Of  wards . . . .  •  6 

Redistricting  into  wards .  25 

Bribes,  working  forfeiture  of  office .  123,  190,  191 

Bridges,  wharves,  etc . Sub.  7,  Sec.  31 

Buildings,  height  of . Sub  10,  Sec.  31 

Vested  in  city . . 2,  3 

For  city  offices . Sub.  17,  Sec.  31 

Wooden . Sub  10,  Sec.  31 

Obstruction  in  aisles  in . Sub.  22,  Sec.  31 

Business,  regulation  of . Sub.  15,  Sec.  31 

Captains  of  Police .  44 

Canals  for  terminal  use . Sub.  31,  Sec.  31 

Carriage  rates . Sub.  21,  Sec.  31 

Standing  places  for . Sub.  21,  Sec.  31 

Cash  in  Treasury  to  be  counted . 34 

Cellars,  entrance  to . Sub.  20,  Sec.  31 

Census  Marshals . Sub.  7,  Sec.  114 

Certified  copies  of  records . 192 

Certificate  of  election .  11 

Certificate  of  Assessor  attached  to  roll . 138 

Cesspools . Sub.  18,  Sec.  31 

Chairs  in  aisles . Sub.  22,  Sec.  31 

Charges  and  fees . Subs.  21,  36,  Sec.  31 

Charities,  Associated . Sub.  46,  Sec.  31 

Chuches,  exits  from . Sub.  22,  Sec.  31 

Charter,  publication  of .  26 

Cisterns . Sub.  26,  Sec.  31 

City  Attorney .  46 

Bond  of . 45,  46 

Duties  of . 45,  46,  83 

Official  neglect .  33 

Qualifications . 46,  201 

Salary .  44 

City  Board  of  Examination . 125 

City  Clerk,  appointment .  39 

Duties  and  powers .  39 

Qualifications . 201 

Salary .  44 

Term  of  office . 39 

City  Engineer,  election  of .  7 

Fees . 42 

Powers  and  duties . 72 

Qualifications . ' . 72,  201 

Salary .  44 

City  Hospital . Sub.  39,  Sec.  31 

City  Physician . 169 

(See  Health  Officer). 


402 


INDEX  TO  CHARTER. 


City  School  Superintendent — 

How  elected . 

Salary . 

Term  of  office . 

City  Treasury,  cash  to  be  counted . 

Fees,  to  be  paid  into . 

(See  “Treasurer.”) 

Civil  Service  clause . 

Claims  (See  demands). 

Clerk  to  Mayor . 

Clerk  to  Police  Court — Qualifications  .  .  . . 

Closing-  streets . 

Collections,  paid  into  Treasury . 

Expenses  for  street  repairs . 

Collecting-  license  tax . 

-Combustibles . 

Commissioners  of  Public  Works . 

Comfort,  public  .  .  .  . . 

Compensation  not  to  be  increased . 

Compensation, '  in  eminent  domain . 

Condemnation,  for  public  uses  generally  .  . 

Sewers . 

Constitutes  exercise  of  franchise  . .  . 

Conduct  of  officials . 

Conduits  in  streets . 

Connecting  and  cleaning  vaults . 

-Contracts  and  agreements — 

Mayor  to  see  enforced . 

Councilmen  not  to  have  interest  in.  . 

When  void . 

For  work  or  supplies . 

Bond  to  accompany . 

Certain,  void . 

Duties  of  city  officers,  as  to 

How  executed . 

Lighting  streets,  buildings,  etc. 

Notice  to  be  given . 

Officers  not  to  be  interest  in... 

To  lowest  bidder . 

Water  supply  for  City  use  .  . 

What  to  contain . 

Conveying  property,  by  city . 

Correction,  house  of . 

Corporate  identity  continued  under  Charter 

Councilman,  cannot  be  Mayor . 

Not  to  have  interest  in  contract..  .. 
Council — 

How  constituted . 


Section 

. 126 

.  44 

. 120 

.  34 

. Sub.  36,  Sec.  31 

. 206 

.  38 

. 201 

. Sub.  1,  Sec.  31 

.  42 

.  71 

. Sub.  38,  Sec.  31 

. Sub.  14,  Sec.  31 

. 63,  64 

. Sub.  15,  Sec.  31 

. 201 

. Sub.  32,  Sec.  31 

1,  194  and  Sub.  32,  Sec.  31 

. 110,  111 

. 186 

. Sub.  36,  Sec.  31 

. Sub.  33,  Sec.  31 

. Sub.  18,  Sec.  31 

.  35 

. 189 

. 189 

. 185 

.  83 

. 82,  189 

.  35 

.  83 

.  28 

. 185 

. 86,  123,  189 

.  185 

.  29 

.  83 

.  1 

. Sub.  45,  Sec.  31 

. 1,  3,  4 

.  37 

. 189 

. 12,  13 


INDEX  TO  CHARTER. 


403 


Section 
23 


13 


149 

194 

111 

140 

143 

135 

15 

14 

37 

101 

33 

107 

26 

27 


Council — Continued. 

Action  by  ordinance . 

Bonds,  proceedings  to  issue . 

Condemnation  for  public  uses,  generally . 

Condemnation  for  sewers . 

Extend  time  within  which  act  must  be  done . 

Equalization  of  assessments . 

Funds  to  be  fixed  by . 

How  removed . 

Meetings . 

Councilman  not  to  be  Mayor . 

Official  map  to  be  prepared  under  direction  of . 

Official  misconduct  to  be  laid  before . 

Ordinances,  what  may  enact . . 31, 

Compilation  of . 

Enacting  clause . 

Opening  streets . 91,  96 

Penalties  for  violation  of . Sub.  35,  Sec.  31 

Streets,  sidewalks,  etc . Subs.  1,  3,  Sec.  31,  also  87,  102 

When  action  must  be  by .  23 

When  to  take  effect .  24 

Papers,  enforcing  production  of .  16 

Powers  of . ^1 

President  of  . .  1^ 

Real  estate  for  sewer  purposes . HO 

Quorum .  H 

Rules  of  proceeding .  16 

School  Fund,  transfer  to . 132 

Special  meetings . 14>  36,  196 

Street  improvements,  proceedings . .  -.102,  103 

May  purchase  property  for . HO 

Tax  levy  to  be  fixed  by . 136 

Term  of  office .  13 

Time  of  meeting .  H 

Vaults  for  Treasureer .  41 

Vote  necessary  for  action  .. .  H 

Vote  necessary  over  veto .  22 

Witness  compelling  attendance  of . 16 

Courts . 47  and  note 

Courts,  rooms  for,  etc . Sub.  17,  Sec.  31 

Crossings,  danger  signals  at,  etc . Sub.  27,  Sec.  31 

Crosswalks,  repairing,  etc . . Subs.  1,  5,  Sec.  31 

Curbstones . Sub.  5,  Sec.  31 

Custody  of  property  of  city . Sub.  47,  Sec.  31 

Damages  in  sewer  proceedings . Ill 

Damages  to  non-consenting  owners . Sub.  28,  Sec.  31 

Dangerous  occupations . Sub.  13,  Sec.  31 

Dead  animals . Sub.  19,  Sec.  31 


404 


INDEX  TO  CHARTER 


Decency,  acts  against .  s  h  1q 

Deaths . ;; ;;  ^ . Sub- 13>  Sec- 31 

Defalcation,  official .  --ITS,  181 

Deficiencies . 

Delivery  of  roll  to  City  Clerk  ....  joo 

Demands—  . 

Auditor  to  record .  ^ 

Auditor  to  report  to  Mayor .  '  *  *  4Q 

Health  Department .  182 

Police  and  Fire  departments . 

Presentation  and  allowance . 

Record  of . 

.  40 

School  Department .  130-132,  Sub.  11,  See.  14 

Sewer  proceedings . 

Depositing  city  money  with  bank . 41 

Deputy  City  Engineers . 

Detectives . 

.  44 

District  Attorney,  official  misconduct  to  be  laid  before  by  Mayor  33 
Dispensaries . 

_  . Sub.  6,  Sec.  31 

Disuse  of  franchise .  „n/, 

n  . . 

°  S . Subs.  7,  29,  30,  31,  Sec.  31 

Dockage  .  ^ 

-r-  .  . Sub.  8,  Sec.  31 

Donations . . 

Drainage  and  sewerage .  ... 

Dynamite .  . ....  ..105-111 

Educational  Department . 

Education  (See  Board  of  Education) 

Election,  general,  when  held .  7 

What  officers  elected .  ’  7 

How  conducted .  8 

Certificate  of  elecPon .  ’  . .  n 

First  under  Charter . 7  208 

Precincts,  establishment  of .  8  9 

Voters,  qualifications .  ’10 

Electric  lights  in  streets . 7.  7.  '.'77  77 Sub.' 3,' Sec.  31 

Electrical  appliances  in  streets . .  33>  gec  3l 

eva  e  roads . gec  31 

Eminent  domain . Sub.  32i  Sec  31_  and  geos  u  U1 

Employees — 


Additional,  how  authorized . 

Of  Board  of  Works . 

Appointment . 

Removal . 

Salaries . 

To  have  no  interest  in  contract,  etc 
Of  Police  and  Fire  Departments  . .  . 

Enacting  clause . 


. 195 

. 64,  68,  76 

.  68,  204 

76,  188,191,  203,  206 

. 68,  195 

. 189 

. 161 

.  27 


INDEX  TO  CHARTER. 


405 


Engineer,  City —  Section 

Deputies .  72 

Duties  and  power .  72 

Election  of .  7 

Fees . 42 

Qualifications . .  72,  201 

Salary .  44 

Engine  houses . Sub.  29,  Sec.  31 

Engines,  speed  of . Sub.  27,  Sec.  31 

Entrances . . Subs.  20,  22,  Sec.  31 

Equalization  of  assessments . 137,  142,  143 

Estimates,  by  Auditor . 134 

Examination — 

Board  of . 125 

Annual,  of  accounts .  33 

Funds  in  City  Treasury .  34 

Executive  sessions,  Police  and  Fire  Commissioners . 152 

Exhibitions . Sub.  13,  Sec.  31 

Experting  city  accounts . .  •  •  33 

Explosives . Sub.  14,  Sec.  31 

Extension  of  time  for  assessments,  etc . 140 

Extinguishing  fires . Sub.  10,  Sec.  31 

Fares . Subs.  21,  37,  Sec.  31 

Fees  and  charges . Sub.  36,  Sec.  31 

Fees  to  be  paid  into  Treasury . Secs,  42,  61 

Ferries . Subs.  7,  29,  30,  Sec.  31 

Finance  Committee  to  count  funds  in  Treasury .  33 

Fines,  Police  Court  may  impose .  52 

Fines  and  fees,  paid  into  Treasury  by  Justices  of  Peace .  61 

Fines  and  forfeitures . Sub.  35,  Sec.  31,  and  142 

Fire  alarm  and  Police  Telegraph . 160 

Maintenance . Sub.  23,  Sec.  31 

Superintendent . 160 

Supplies . 159 

Fire  Department — 

Constituted  how . 161 

Chief  Engineer’s  salary .  44 

Employees,  additional . 161 

Fines . 162 

Officers . 161 

Relief  fund . 162 

Fires  and  fire  district . Sub.  10,  Sec.  31 

Fire  plugs . Sub.  14,  Sec.  31 

Fireworks . Sub.  14,  Sec.  31 

Flags  over  street . Sub.  3,  Sec.  31 

Flagmen . Sub.  27,  Sec.  31 

Forfeiture  of  check .  81 

Forfeiture  of  franchise . : . 186,  189,  205 


406 


INDEX  TO  CHARTER. 


Section 


Forfeiture  of  office . 41,  86,  123,  189-191 

Forgery,  reward  for  apprehension . Sub.  43,  Sec.  31 

Franchise — 

Acceptance  and  work  under . 186 

Bill  to  grant  30  day  limit .  20 

District  on  water  front,  for . Subs.  29,  31,  Sec.  31 

Failure  to  use . 186,  205 

Granting . Subs.  28-32-37,  Sec.  31 

Street  railroads . Sub.  37,  Sec.  31 

Steam  railroads . . . Subs.  28-32,  Sec.  31 

Free  library . . 

Freight  depots  on  water  front . Subs.  29-32,  Sec.  31 

Fuel  and  furniture  for  offices . Sub.  17,  Sec.  31 

Fund,  Street  Department,  forfeiture  to  go  to .  81 

Funds,  condition  of .  40 

Separate,  Council  to  establish . 135 

Vaults  for . 42 

Garbage . Sub.  29,  Sec>  31 

Gas  light  and  gas  pipes . Subs.  3,  26,  Sec.  31 

General  powers . Sub.  50>  Sec>  31 

Gifts .  2 

Good  morals . . Sub.  i3>  Sec>  31 

Grades . Subs.  1,  5,  Sec.  31,  and  102 

Gutters . t . Subs.  5,  18,  Sec.  31 

Hacks  and  hack  rates . Sub.  21,  Sec.  31 

Harbor  map . Sub.  3i  Sec.  3i 

Harbor  and  water  front .  72 

Harbor  improvement . Sub.  31,  Sec.  31 

Health  Department . 


(See  Board  of  Health,  Health  Office  and  Health  Officer.) 
Health  Office- 


Burial  permits . 

Council  to  provide  office . 

Death  certificates . 

Diseases  to  be  reported . 

Mortality  records . 

Health  Officer — 

Appointment  of . 

Burial  permits . 

Compensation . 

May  administer  oaths . 

Quarantines . 

Qualifications . 

Removal  permits . 

Unhealthful  buildings . 

Health,  public,  power  over  subjects  relating  to 

Height  of  buildings . . 

High  School  Course . 

Holidays,  Justices  Court  closed  on . 


. 179,  180 

. 166 

. 179 

. 172 

. 178 

. 169 

. 179,  180 

. 169 

. 184 

. 176,  177 

.  169,  200 

. 175 

. 171 

.Sub.  15,  Sec.  31 
..Sub.  10,  Sec.  31 
.Sub.  22,  Sec.  114 
.  59 


\ 


INDEX  TO  CHARTER.  407 

Section 

Horse  troughs . Sub.  3,  Sec.  31 

Hospitals . Subs.  6,  39,  Sec.  31 

House  of  Correction . Sub.  45,  Sec.  31 

Houses  of  ill  fame  ..  . . Sub.  13,  Sec.  31 

Hydrants . Sub.  26,  Sec.  31 

Ill  fame,  houses  of . Sub.  13,  Sec.  31 

Illegal  demand .  40 

Impounding  animals . Sub.  16,  Sec.  31 

Improvements . 71,  102,  104 

Improving  streets,  etc . Sub.  1,  Sec.  31 

Improvement,  specific .  23 

Industrial  training . Sub.  23,  Sec.  114 

Inspection  of  improvements . 104 

Intelligence  offices . Sub.  24,  Sec.  31 

Investigations — 

Police  and  Fire  Departments . 163 

School  Department . Sub.  2,  Sec.  114 

Judge  of  Police  Court,  qualifications . 200 

Judicial  Department  . 46,  47,  58,  62 

Junk  Dealers . Sub.  24,  Sec.  31 

Jurisdiction — 

Of  Council  in  street  grade  matters . 102 

Of  Justices  Courts .  60 

Juvenile  offenders . Sub.  45,  Sec.  31 

Justices  Courts . 47,  59-62 

Accounts .  61 

Jurisdiction .  60 

Moneys  collected .  61 

When  to  be  open .  59 

Justices  of  the  Peace . 59-62 

Justification  of  sureties .  45 

Lands  for  public  buildings . Sub.  40,  Sec  31 

Lands  partly  outside  of  city,  assessment  of . 139 

Landing  places . Subs.  29-31,  Sec.  31 

Lanes,  opening,  etc . Sub.  1,  Sec.  31 

Laundries . Sub.  15,  Sec.  31 

Laying  out  streets . Sub.  1,  Sec.  31 

Laying  tracks  on  streets . Sub.  28,  Sec.  31 

Leasing  City  property . Sub.  47.  Sec.  31 

Lecture  rooms,  exits . Sub.  22,  Sec.  31 

Legal  holidays,  Justice  Court  closed  on .  59 

Legal  proceedings  in  name  of  city .  35 

Levy  rate  and  limit  of . 136 

Liabilities . 1-4 

Libraries,  public . 133 

Licenses — 

Auditor  to  issue .  40 

Power  of  Council  as  to . Sub.  38,  Sec  31 


i 


408 


INDEX  TO  CHARTER. 


Section 

Righting  streets  and  buildings,  contracts  for .  28 

Lights . Subs.  3,  5,  17,  Sec.  31  and  71 

Limit,  certain  business . Sub.  15,  Sec.  31 

Limit,  concessions  on  water  front  . Subs.  29,  30,  Sec.  31 

Limit,  period  of  franchise . Sub.  37,  Sec.  31 

Loan  of  City  Funds  to  bank .  41 

Mains  (quality,  capacity,  location) . Sub.  26,  Sec.  31 

Maintaining  City  Hospital . Sub.  39,  Sec.  31 

Malfeasance  in  office  (See  “Misconduct”) . 33,  189,  190 

Manufactories . Sub.  16’  31 

Manufacture  of  explosives,  etc . Sub.  14  Sec  31 

Map,  official .  4q4 

Markets . Sub.  6,  See.  31 

Map  of  Harbor  improvements . Sub.  31,  Sec.  31 

Mayor — 


Approval  of  bonds  (official) .  45 

Approval  of  ordinances  by .  21 

Clerk,  may  appoint .  38 

Communications  and  recommendations  to  Council .  33 

Duties  of . 33,  35,  37,  63,  86 

Expert,  may  appoint . * .  33 

Legal  proceedings,  to  cause  when .  35 

Public  institutions,  supervision  over .  33 

Qualifications . 200 

Riot,  may  suppress  by  police  force .  33 

May  call  upon  Governor  to  suppress .  33 

Salary .  44 

Suspend  officer,  when .  33 

Term  of  office .  32 

Urgent  necessity,  fund  to  be  expended  under  direction  of 

. Sub.  44,  Sec.  31 


Vacancies  in  office,  when  to  be  filled  by. .  . 

Vacancy  in  Mayorality,  how  filled  . 

Mechanical  appliances  in  streets . 

Meetings,  Board  of  Works . 

Meetings,  Council  (special) . 

Member  of  Council  not  to  have  interest  in  contract 

Miscellaneous  provisions . 

Misconduct — 

Employees,  Police  Department . 

Employees,  Fire  Department . 

Officers . 

Mayor’s  duty  in  reference  to . 

Misdemeanor,  jurisdiction  of  Police  Courts  over  . . 
Money  of  City — 

Where  kept . 

Paid  into  Treasury . 

Counting  in  Treasury . 


. 202 

.  37 

Sub.  33,  Sec.  31 


,  . .  65 

.  .  .  36 

..  189 
185-208 


. 162 

. 162 

86,  123,  189 

.  33 

....  49 


41 

42 

34 


INDEX  TO  CHARTER- 


409 


Morals,  practices  against  good . 

Morgue . 

Mortgage,  real  property  . 

Municipal  licenses . 

Naming  of  streets,  etc . 

Navigation,  obstruction  to . 

Necessity  (urgent)  fund . 

Nitro  Glycerine . . 

Noises — cries,  advertising . 

Notice — 

Posting . . . 

Publication . 

Of  application  for  franchise . 

Of  Franchise . 

Of  delivery  of  roll . 

Secretary  of  Board  of  Public  Works  to  give 

Of  bids  for  work  or  supplies . 

Of  sale  of  property . 

Of  special  meetings  of  Council . 

Nuisance,  Council  to  declare . 

Nuisances  (parades  and  processions) . 

Numbering  streets  and  houses . 

Oath,  official . 

Form  of  oath  of  office . 

Who  may  administer — 

Auditor . 

Board  of  Education . 

Chairman  Council  Committee . 

City  School  Superintendent . 

President  of  Council . 

Police  and  Fire  Commissioners . 

Objections  of  Mayor — passing  bill  over . 

Obstructions  in  aisles . 

Obstructions  to  streets . 

Occupations . 

Offensive  trades . 

Official  oath . 

Official  bonds — 

Amount  .  . . 

Approval  of  . 

Custody  of . 

Drafting  of . 

Effect  of  filing . 

Official  conduct,  rules  for . 

Office  hours  . 

Office — 

Limitation  on  creation  of . 

Vacant,  when  deemed . 

Hours . 


Section 
.  .Sub.  13,  Sec.  31 
..Sub.  11,  Sec.  31 

.  1 

..Sub.  38,  Sec.  31 

.  .  .  Sub.  3,  Sec.  31 
.  .  .  .Sub.  9.  Sec.  31 
.  .  .Sub.  4,  Sec.  31 
.  ..Sub.  1,  Sec.  31 
.  .  Sub.  3,  Sec.  31 

. . .197 

. 198 

..Sub.  37,  Sec.  31 

.  .  .  .Sub.  28,  Sec  31 

. 138 

.  67 

. 185 

. 185 

. 36,  196 

Subs.  11,  48,  Sec.  31 
..Sub,  48,  Sec.  31 
.  .  .  .Sub.  3,  Sec.  31 

. .  .  .  .43,  199 

.  43 

.  40 

. 115 

.  17 

, . 115 

.  17 

. 163 

. 21,  22 

.  ..Sub.  22,  Sec.  31 
.  ..Sub.  28,  Sec.  31 
.Subs.  13,  15,  Sec.  31 
Subs.  13,  15,  Sec.  31 
. '  43 

.  45 

.  45 

.  45 

.  46 

. 199 

_ Sub.  36,  Sec.  31 

. 193 

. .  .  .  .  .  195 

. 188,  202 

. 193 


410 


INDEX  TO  CHARTER. 


Officers—  Section 

Accounts  of,  experting .  33 

Affidavit  before  receiving  salary .  42 

Compensation  not  to  be  increased . 201 

Elected  at  general  election . .  .  7 

Fees  and  charges . Sub.  36,  Sec  31 

Misconduct,  duty  of  Mayor .  33 

Not  to  have  interest  in  contract .  86,  123,  189 

Office  hours . 193 

Other  office,  not  to  hold . 188 

Qualifications . 200,  201 

Qualifiying,  failure  to . 202 

Removal  of . 35,  iss,  202 

Removal  from  City . 202 


Rooms  for . Sub.  17,  Sec.  31 

Suspension  by  Mayor .  33 

Terms  of  office . 199 

To  report  violation  of  contract  to  Mayor .  35 

Opening  streets . Sub.  i,  Sec.  31 

Ordinances — 

Approval  by  Mayor .  21 

Council  to  act  by  ordinance  or  resolution .  23 

Continued  in  force  from  adoption  of  Charter . 207 

Council  to  act  by  ordinance  only,  when .  23 

Council  may  pass  on  what  subjects . .* . 31,  107 

Classification  and  compilation  of .  26 

Enacting  clause .  27 

Granting  franchise . Sub.  28,  Sec.  31 

One  subject  only  to  be  included  in .  19 


Subjects  on  which  ordinances  may  be  enacted.  . Subs.  1-50,  Sec.  31 


Streets,  sidewalks,  etc . 

Street  opening . 

Signed  by  President  of  Council 

Title  of  ordinance . 

Violations — penalties . 

When  to  take  effect . 

When  action  by  ordinance  only 
Papers — 


Subs  1,  5,  Sec.  31,  87,  102 

. 90,  96 

.  21 

. 18,  19 

. Sub.  35,  Sec.  31 

.  24 


23 


Compelling  production  of  papers,  records,  etc .  16 

Filing  and  recording  of . . . I45 

What  kept  by  Board  of  Public  Works .  66  6Q 


What  kept  by  City  Clerk .  39 

Parades  and  processions . Sub.  48,  Sec.  31 

Parks,  altering,  repairing,  etc,  walks  in . Sub.  1,  Sec  31 

Parks,  acquiring  land  for  and  improving . Sub.  40,  Sec.  31 

Passenger  depots . Sub.  29,  Sec.  31 

Pavements  regulating . Sub.  4>  Sec.  31 

Pawnbrokers . Sub.  24.  Sec.  31 


INDEX  TO  CHARTER. 


411 


Section 


Penalties . 

Penalties,  violating  water  rate  ordinances . 

Period  of  fi'anchises . <. . 

Permits . .  •  .  * . 

Petition  for  franchise  .  .  .  .  . 

Piers . . 

Pipes  in  streets  . 

Placards. .  , . 

Plan  of  Harbor  improvements . . 

Plaza,  altering,  repairing,  etc.,  walks  in . 

Poles,  telegraph  and  telephone . 

Police  Court . 

Police  detectives . 

Policemen,  detail  of  as  captains . . 

Police  and  Fire  Departments . 

Board  of  Commissioners,  etc — 

(See  “Board  of  Police  and  Fire  Commissioners 


Sub.  35,  Sec.  31 
Sub.  25,  Sec.  31 
Sub.  37,  Sec.  31 

. '.  .  .  108 

Sub.  28,  Sec.  31 
.Sub  7,  Sec.  31 
.Sub.  33,  Sec.  31 
.  .Sub.  3,  Sec.  31 
Sub.  31,  Sec.  31 
Sub.  1,  Sec.  31 
Sub.  20,  Sec.  31 
.  .  .  47  and  note 

.  44 

.  44 

. 150,  183 


Police  Department — 

Constituted  how . 

Additional  employees . 

Captains  of  Police  .  .  . 

Detectives . .  . 

Fines  for  misconduct . 

Officers  and  policemen,  number,  etc . 

Relief  fund . 

Salaries . 

Special  policemen . 

Salaries  of . 

Police  force  in  time  of  riot,  Mayor  to  call  on  .  . 

Police  judge . 

Police  regulations,  generally . 

Police  telegraph — 

Maintenance . 

Superintendent  of . 

Supplies  for . 

Polluting  stream . 

Posting  notices . 

Pound  . 

Powder,  sale,  storage,  use . 

Powers — 

Of  Board  of  Public  Works 

(See  “Board  of  Public  Works.”) 

Of  Council . 

Powers  and  duties  relative  to  revenue  and  taxation 

Posting  notices  (see  “Notice.”) . 

Pound,  Council  to  establish . 

Precincts,  election . 


161 

161 

44 

44 

162 

161 

162 

44 

155 

155 

33 


Sub.  50,  Sec.  31 

Sub.  23,  Sec.  31 

. 100 

. 159 

.Sub.  19,  Sec.  31 

. 197 

Sub.  16,  Sec.  31 
.Sub.  14,  Sec.  31 


Sub.  1-50,  Sec.  31 

. 137 

. 197 


Sub.  16,  Sec.  31 
. 8,  9 


412 


INDEX  TO  CHARTER. 


President,  Board  of  Public  Works . 

President,  Police  and  Fire  Commissioners 
President  of  Council — 

Election  of . 

May  administer  oaths . 

May  call  special  meetings . 

Sign  ordinances . 

To  act  as  Mayor,  when . 

Printing,  public . 


Section 

.  64 

. 151 

.  15 

.  17 

.  14 

.  21 

.  37 

Sub.  17.  Sec.  31 


Private  sewers  and  drains . . joj  11() 

Privileges  on  water  front . Sub.  30,  Sec.  31 

Prohibiting  certain  occupations . yUb.  15,  Sec.  31 

Property,  city  may  hold . . 

Proposals-^ 

For  work . 78,  80 

For  supplies  and  materials  .  84 

Public  Buildings .  ^ 

Lands  for . Sub.  4Q>  gec>  31 

Public  comfort . Sub.  15,  Sec.  31 

Public  halls,  entrance,  exit . Sub.  22,  Sec.  31 

Public  health . Sub.  15>  gec  31 

Public  work,  to  be  under  supervision  of  Board  of  Public  Works. .  70 

Publication  of  notice  of  application  for  franchise..  ..Sub.  37,  Sec.  31 

Public  institutions  generally . .  6’  Sec'  31 

Public  order . Sub.  13j  gec.  31 

Public  places,  repair  of . . Sub.  7,  Sec.  31 

Public  safety . Subs.  13,  15,  Sec.  31 

Public  uses,  lands  for .  . . ..Subs.  31,  40,  Sec.  31 

Pumps,  construction  and  repair . Sub.  26  Sec  31 

Public  works  (see  “Board  of  Public  Works.”) 

Board  created .  ~0 

*  *  *  *  bo 

Superintendent  of  Public  Works—  *  . 

Appointment . 

Duties . 

Salary .  ’  6g 

Qualifications . 

Term  of  office .  ’ 

Publication —  /b 


Notice  by  Board  of  Public  Works 

Of  notice  how  made . 

Of  ordinances . 

Public  libraries . 

Qualification  of  officers . 

Qualifying  by  taking  oath . 

Quorum — 

Board  of  Public  Works . 

Board  of  Police  Commissioners  .  . . 

Board  of  Education . 

Council . 


.  .67,  78,  84 

. 198 

. .  . .  . .  23 

. 133 

199,  200,  201 
. 202 

.  65 

. 152 

. 113 

......  14 


INDEX  TO  CHARTER- 


413 


Rails,  character  and  quality  of  .  . 
Railroads — 

Danger  signals . 

Steam  (see  “Steam  Railroads.’’) 

Horse . 

Crossings . 

Terminal  facilities . 

Railway  engines,  speed  of . . 

Railways,  franchise . 

Repairs  between  tracks . 

Streets,  franchises  on . 

Rates,  carriage . 

Fare . 

Water . 

Street  railways . 

Lighting . 

Taxation . 

Reading  rooms . 

Real  estate,  sale  for  taxes . 

Records — 

Board  of  Public  Works . 

Copies  of . 

Duties  of  Clerk  as  to . 

Fees  for  copies . 

Inspection  by  public . 


Section 
Sub.  37,  Sec.  31 


. Sub.  27,  Sec.  31 

. Sub.  27.  Sec.  31 

.  187 

Subs.  29,  30,  31,  Sec.  31 

. Sub.  27,  Sec.  31 

. Sub.  28,  Sec.  31 

. Sub.  34,  Sec.  31 

. Sub.  37,  Sec.  31 

. Sub.  21,  Sec.  31 

..Subs.  21,  37,  Sec.  31 

. Sub.  25,  Sec.  31 

. Sub.  37,  Sec.  31 

.  28 

. 136 

. 133 

. 142 


192 

39 

192 

192 


Inspection  by  Mayor .  33 

Redistricting  the  city  into  wards .  25 

Reformation  of  Juvenile  offenders . Sub  45,  Sec.  31 

Refusal  to  grant  franchise  . Sub  37,  Sec.  31 

Register,  great . 

Regulating  streets . Sub.  1,  Sec.  31 

Rejecting  demand  (Auditor) . 40 

Rejecting  bids  for  franchise . Sub.  37,  Sec.  31 

Relief  Fund  (Fire  Department) . 102 

Redemption  of  bonds . 135 

Repairs  to  school  houses . 122 

Removal  of  officer  or  employee .  35,  203-206 

Repairing  streets,  walks,  etc . Sub.  1,  Sec.  31 

Repair  of  cisterns;  hydrants,  fire  plugs,  etc . Sub.  26,  Sec.  31 

Repair  between  tracks . Sub.  34,  Sec.  31 

Report  of  Auditor .  40 

Requisition  for  supplies  by  Council . Sub.  17,  Sec.  31 

Resolution  requiring  notice  of  application  for  franchise.  .Sub.  37,  Sec.  31 

Resolutions  and  orders  of  Board  of  Works  to  be  recorded .  67 

Rewards,  for  conviction  of  forgers . Sub.  43,  Sec.  31 

Revenue  and  taxation . 134-149 

Abstract  to  be  made  by  Assessor . 139 

Assessor  to  complete  assessment  roll . 138 


414 


INDEX  TO  CHARTER. 


Revenue  and  taxation — Continued.  Section 

Assessment,  equalization,  sale  and  redemption  of  property.  .  137 

Auditor  to  transmit  estimates . 134 

Basis  of  taxation .  147 

Bonded  indebtedness  for  improvements .  149 

Certificate  of  assessor  attached  to  roll  .  138 

Council  may  extend  time  for  any  act . 140 

Deficiencies . 135 

Delivery  of  roll  to  City  Clerk . 138 

Equalization . 137 

Estimates  to  be  made  by  Auditor . 134 

Fines  and  forfeitures . 142 

Lands  partly  without  the  city . 139 

Levy  Made . . 

Notice  of  delivery  of  roll . 138 

Papers  and  instruments,  filing  and  recording . 145 

Powers  and  duties . 137 

Rate  of  taxes  fixed . 130 

Redemption  of  bonds . 135 

Sales  for  taxes,  real  estate . 142 

Separate  funds . 135 

Statement . 137 

Statement  of  State  Officer  or  Board . 144 

“Subsequent  assessments” . 147,  148 

Tax  Collector  settle  with  Auditor  . . . 141 

Tax  Collector  to  pay  into  Treasury . 141 

Tax  rate  of  previous  year  on  personal  property  to  govern 

Assessor . 145 

Transfer  of  funds . 135 

Rewards,  Council  may  offer  when . Sub.  43,  Sec.  31 

Rights  and  liabilities . 1-4 

Riots . 33 

Rules  and  regulations  (Board  of  Works) .  64 

(Council) . Sub.  49,  Sec.  31 

Rules  governing  official  conduct . Sub.  36,  Sec.  31 

Running  at  large,  animals . Sub.  16,  Sec.  31 

Safes,  for  city  funds .  41 

Safety  switch  and  signal  system . 187 

Safety,  public . . Subs.  13,  15,  Sec.  31 

Salary,  when  withheld .  42 

Salaries,  schedule  of  official . 44,  63 

Additional  employees . 195 

Affidavit  before  receiving .  42 

Councilmen .  44 

Demands .  40 

Employees,  Board  of  Public  Works .  68 

Health  Officer . 169 

No  increase  of,  permissible . . 201 


INDEX  TOCHARTER. 


415 


Salaries — Continued- 

School  teachers . 

Withheld  when . 

Sales,  of  municipal  property — 

Power  in  Council  to  regulate . 

To  be  by  public  auction . 

Notice  of . 

Of  school  property . 

Sale  of  lost  or  unclaimed  property . 

Sale  of  taxes . 

Sanitary  regulation,  generally . 

School  books  for  indigent  pupils . 

School  Census  Marshals . 

School  building  (new)  (see  “Board  of  Education. 
School  Directors  (see  “Board  of  Education.”)..  .. 
School  Fund  (see  “Board  of  Education.”) 

School  libraries . 

School  Teachers — 

Employment  and  removal  of . 

Suspension  of . 

Salaries  to  be  fixed . 

Seal,  corporate . . 

Secretary  Board  of  Public  Works . 

Separate  funds,  Council  to  establish . 


Section 

. Sub.  2,  Sec  114 

. 42 

Sub.  47,  Sec.  31  and  1 

. 185 

. 185 

.  .  .  .Sub.  14,  Sec.  114 
..  ..Sub.  47,  Sec.  31 

. 142 

. Sub.  50,  Sec.  31 

. Sub.  17,  Sec.  114 

. Sub.  7,  Sec.  114 

”)  . 121 

. 112 

. Sub.  16,  Sec.  114 

..  ..Sub.  2,  Sec.  114 

. 127 

. 124 

. 1,  39 

.  64 

. 135 


Sewers  and  drainage — 

Condemnation  for . HO*  m 

Duties  of  Superintendent  of  Streets  as  to .  73 

Powers  of  Board  of  Public  Works  as  to . 105-111 

Powers  of  Board,  of  Health  as  to . 167 

Powers  of  Council  as  to . 

. Subs.  4,  5,  18,  Sec.  31,  and  Secs.  105-107,110,111 

Shipping,  anchorage . Sub.  9,  Sec.  31 

Shops,  railroad,  etc . Sub.  29,  Sec.  31 

Sidewalks,  entrances  from . Sub.  20,  Sec.  31 

Sidewalk,  interference  by  electric  appliances . Sub.  33,  Sec.  31 

Sidewalks,  straightening,  widening,  improving,  etc  .  .  .  .  Sub.  1,  Sec.  31 

Signs,  sign  posts,  awnings,  etc . Sub.  3,  Sec.  31 

Signal  bells . Sub.  33,  Sec.  31 

Signal  warning . Sub.  27,  Sec.  31 

Sinks,  construction,  repair,  etc . Sub.  18,  Sec.  31 

Slaughterhouses . Sub.  15,  Sec.  31 

Slips . Sub.  7,  Sec.  31  and  Secs.  29,  30,  31 

Special  meetings . 14.  36,  196 

Special  policemen . Sub.  4,  Sec.  155 

Sprinkling . Sub.  5,  Sec.  31 

Specific  improvement .  23 

Speed  of  railway  engines . Sub.  27,  Sec.  31 

Stands  for  hacks . Sub.  21,  Sec.  31 


416 


INDEX  TO  CHARTER. 


Section 

Stationery,  for  public  use . Sub.  17,  Sec.  31 

Steam  boilers . Sub.  20,  Sec.  31 

Steam  railroads . Subs.  28,  29,  Sec.  31 

Speed  of . Sub.  27,  Sec.  31 

Franchises . Subs.  28-32,  Sec.  31 

Interlocking  system  at  crossings . 187 

Terminal  facilities  for . Subs.  29,  30,  31,  Sec.  31 

Franchise  district . Sub.  29,  Sec.  31 

Steam  whistles . ; . Sub.  3,  Sec.  31 

Stolen  property,  sale  of . Sub.  47,  Sec.  31 

Stools,  etc.,  in  aisles . Sub.  22,  Sec.  31 

Storage  of  explosive,  etc . Sub.  14,  Sec.  31 

Straightening  streets,  etc . Sub.  1,  Sec.  31 

Stream,  pollution  of . Sub.  19,  Sec.  31 

Street  railway  franchises . Sub.  37,  Sec.  31 

Street,  between  railway  tracks . Sub.  34.  Sec.  31 

Constructing  appliances  on . Sub.  33,  Sec-  31 

Crossing,  signal,  bells,  etc . Sub.  27,  Sec.  31 

Elevated  and  underground  roads . Sub.  29,  Sec.  31 

Opening,  laying  cut,  etc . Sub.  1,  Sec.  31 

Regulating . Sub.  3,  Sec.  31 

Streets,  sidewalks,  etc — 

Duties  of  Superintendent  of  Streets . 73,  104 

Improvements,  proceedings  for . 101,  103 

Improvements,  purchase  of  property  for . 110 

Ordinances  as  to . Subs.  1,  5,  Sec.  31,  and  87,  102 

Opening  of . ' . sub.  1,  Sec.  31  and  87 

Power  of  Council  over . Sub.  1,  Sec.  31,  and  103 

Pavements,  regulation  of . Sub.  5,  Sec.  31 

Traffic  in . Sub.  2,  Sec.  31 

Street  Department  Fund,  forfeiture  to .  81 

Street  grades  and  improvement . 102,  104 

Street  map . 201 

Supoenas  in  certain  incestigations . 163 

Superintendent  of  Public  Works,  powers  and  duties .  75 

Succession . 

Sue,  city’s  right  to .  2 

Superintendent  of  Streets — 

Appointment .  73 

Duties,  powers  and  liabilities . 73,  204 

Salary . ’  44 

Term  of  office . | .  7 

Supplies  and  materials . Sub.  17,  Sec.  31,  and  70,  84 


Contracts  for  .  . 


185 


Sureties  on  official  bonds .  45 

Justification  of .  4g 

Qualifications  of  .  .  . . 

New  sureties . 


45 


INDEX  TO  CHARTER. 


417 


Section 

33 

Suspension  of  officer . 

Tannaries . Sub'  16'  Se0'  31 

. 134 

•Assessment  for . 

Limit  of  rate . . . 

Taxes,  license,  collection  of . Sub.  38,  Sec.  31 

Taxes,  sale  of  real  estate  for . 

Tax  Collector  (see  “Treasurer”) — 

To  receive  licenses  from  Auditor . •  40 

_  .  41 

Treasurer  is  ex-officio . 

^  136 

Teachers  (see  “School  Teachers”) 

Telegraph  appliances  in  streets  . ^ub-  33>  Sec-  34 

Telegraph  posts . Sub.  3,  Sec.  31 

Telegraph  and  telephone  poles  and  wires . Sub.  20,  Sec.  31 

Telegraph  and  telephone  wires . Sub.  3,  Sec.  31 

Telegraph,  police . Sub.  23,  Sec.  31  and  159.  160 

Telegraph  wires . Subs.  3,  20,  Sec.  31 

Terminal  facilities . Subs  29,  30,  31,  Sec.  31 

Theatres,  entrance  and  exit . Sub.  22,  Sec.  31 

Time,  franchise  it  to  run . Sub.  3<,  Sec.  31 

Title  of  ordinance . 

Tolls  Sub.  8,  Sec.  31 

Traffic  in  streets,  regulating . Sub-  2>  Sec-  31 

Transfer  of  funds . 43^ 

Transportation  of  explosives,  etc . Sub.  14,  Sec.  31 

Treasurer,  election  of . 

Custody  of  city  moneys .  41 

Council  to  provide  vaults  for .  41 

Approval  of  City  Attorney’s  bond  by .  40 

Duties  and  powers . 44»  4,^»  442 

Ex-Officio  Tax  Collector .  41 

Qualifications . 200 

Salary .  44 

Treasury,  cash  to  be  counted . y .  34 

Condition  of . 4<^ 

Fees  and  collections .  42 

Fees  paid  into . Sub.  36,  Sec.  31 

Warrants  on .  4(^ 

Trust,  city’s  power  as  to .  1 

Trust,  confided  to  city . Sub-  42,  Sec>  31 

Tubes  in  streets . . Sub-  33’  Sec>  31 

Two-thirds  vote,  when  required . Sub.  28,  Sec.  31 

Underground  roads . Sub.  29,  Sec.  31 

Urgent  Necessity  . . Sub.  44,  Sec.  31 

Use  of  streets,  sidewalks,  etc . Sub.  3,  Sec.  ol 

Uses,  public .  4 


418 


INDEX  TO  CHARTER. 


Vacancy  in  office . 

Filled  how . 

Council  may  create 
When  exists  .  . 
Mayoralty . 


Section 
. .37,  202 
.  .  . .  202 
....  45 

.  .188,  202 
....  37 


Vacated  office,  Council  may  declare 


Vacating-  walks,  avenues,  etc . Sub.  1,  Sec.  31 

Vaults . Sub.  18,  Sec.  31 

Vaults  for  city  funds .  ^ 

Vehicle,  rates  for . Sub.  21,’ Sec.  31 

Vehicles,  stand  for  . Sub.  2l ,  Sec.  31 

Vessels,  anchorage . Subs.  9>  31>  gec  31 

Vessels,  dirt,  ballast,  refuse,  etc . Sub.  19,  Sec.  31 


ested  rights  in  city  to  be  continued  under  Charter 


Veto  by  Mayor . 

Ayes  and  noes  on . 

Passing  bill  notwithstanding  veto  .  .  . 

Void  franchise . 

Voters,  registration  of . 

Wards,  division  of  city  into . 

Redistricting . 

Warehouses  on  water  front . 

Warning  signs  on  streets . 

Warrants,  drawing,  signing,  etc . 

Washhouses . 

Water,  Council  to  provide . 

Rates,  Council  to  fix . 

Rates,  amount  of  for  city  purposes  .  .  . 
For  public  buildings  and  places  .  . 

Pollution  of . 

For  streets . 

Water  front,  map  to  be  prepared . 

Plans  of  improvement . 

Use  of  by  corporations . 

Water  pipes,  quality,  capacity,  location,  etc 

Wells . 

Wharfage  ' . 

Wharves . 

Wharves,  refuse  from . 

Whistles,  steam . 

Widening  streets . 

Width  of  sidewalks  and  streets,  determining 

Wires,  in  or  over  streets . 

Wires,  telegraph  and  telephone . 

Witness,  Counsel  may  compel  attendance  of.  . 

Wooden  buildings . 

Work,  contracts  for . 

Workshops,  railroads,  etc . 

Works,  regulation  of . 


. 21,  22 

.  22 

.  22 

. 189 

.  10 

. 6,  25 

.  25 

..  ..Subs.  30,  31,  Sec.  31 

. Sub.  33,  Sec.  31 

•  •  •  * .  40 

. Sub.  15,  Sec.  31 

. Sub.  41,  Sec.  31 

. Sub.  25,  Sec.  31 

. Sec.  29 

. Sub.  26,  Sec.  31 

Sub.  19,  Sec.  31 

. Sub.  5,  Sec.  31 

. Sub.  31,  Sec.  31 

. Sub.  31,  Sec.  31 

. Sub.  29,  Sec.  31 

. Sub.  26,  Sec.  31 

. Sub.  18,  Sec.  31 

. Sub.  8,  Sec.  31 

Subs.  7,  29,  30,  31,  Sec.  31 

. Sub.  19,  Sec.  31 

. Sub.  3,  Sec.  31 

. Sub.  1,  Sec.  31 

. Sub.  1,  Sec.  31 

. Sub.  33,  Sec.  31 

. Subs.  3,  20,  Sec.  31 

.  16 

. Sub.  10,  Sec.  31 

. 185 

. Sub.  29,  Sec.  31 

. Sub.  15,  Sec.  31 


Index  to  Ordinances. 


Note — References  are  to  pages  of  this  volume. 


Abondoning  portion  of  certain  streets 
Acceptance  of  Improved  Streets 

Accepted  Streets,  list  of . 

Adulterated  or  Unwholesome  Milk  .  . 


Page 
.  ..135-136 

.  175 

. 372 

243-244,  253 


Advertising — 

— On  Bill  Boards — License . 

— On  Sidewalks  . 

— Trees,  Fences,  etc . 

— By  Devices,  Transparencies, '  Banners,  etc 

Advertising  Agents,  License  Fee  .  . . . . . 

Air,  Cubic  Feet  of  in  Sleeping  Rooms . 

Air  Gun  . 

Aisles,  Obstacles  in  . 

Alameda  Bridge,  Regulating  Use  of  . 


.  117 

. .  .  326,  350 
117,  201,  326 

.  326 

.  109 

. 224 

.  337 

.  342 

.  333 


Animals — 

— At  Large  . 

— City  Pound  . 

— Dead  . 

— Diseased  or  Disabled . 

— Meat  of  . 

— Driving  through  Streets . 

— Estrays  . 

— Glanders  . 

— Impounding  . 

—Keeping,  Regulating  . . 

— Number  per  Block  . 

— Sanitary  Condition  . 

— Killing  by  Poundmaster  . 

— Sales  of  by  Poundmaster  . 

— Redeemption  of  by  Owner  .  .  .  . 

— Stallions,  Bulls,  Jackasses,  etc . 

— License  Fee  for  . 

—Untied  Animals  on  Streets  . 

Annexed  Territory,  Ordinances  Relating  to 

Anvils,  Discharging  . 

Application  for  Liquor  License  . 


. 277,  320,  321 

.  276 

.  279 

242,  243,  244,  253,  320,  321 

.  231 

. 140,  148 

.  277,  280 

. 242,  320 

. 277-280 

. 233-234 

. 229-230 

. 233-234 

.  277 

.  277 

. 277,  278 

.  320 

. 112,  114 

.  333 

. 383 

.  335 

.  118 


420 


INDEX  TO  ORDINANCES. 


Artificial  Stone  Curb  (Specifications  for) 

Ashes  . 

Assayers,  License  Fee  . 

Assistant  Engineer  (Fire  Department) 

Assistant  Sanitary  Inspectors  . 

Astrologers,  Licensee  Fee  . . 

Auctioneers,  License  Fee  . 

Auditor,  Form  of  Requisition  . 

— License  and  Tags  . 

— Free  License  . 

— Requisition  Blanks  . 

Authorizing  the  Use  of  Certain  Land  for  Free  Libarary 

Automobiles  . 

Awnings  . 

Bacteriologist . 

Badges,  License  to  be  Worn  . 

— Tax  Collector  to  Furnish  . 

Bail  Moneys  . 

Ball  Rooms,  License  Fee  . 

Ball  Playing  . . . . 

Bankers,  License  Fee  . 

Banners  . 

Barns,  Lodging  in  . 

Bars,  Open  When  . 

Basalt  Blocks  (Specifications)  . 

Bathing  in  City  Limits . 

Bay  Windows  . 

Bets,  See  “Pools”  . ! . 

Beef,  Freshly  Slaughtered  . 

Bicycles . . 

Bill  Boards — 

— Advertising  on  . 

— License  Fee  . 

Bill  Posting,  License  Fee  . 

Billiard  Tables,  License  Fee  . 

Bills  Against  City,  Verification  of  . 

Birds  . . . 

Births,  Reporting  . 

Bituminous  Walks  (Specification)  . 

— Not  to  Injure  . 

Bituminous  Paving  (Specifications)  . 

— Not  to  Burn  Rubbish  on  . 

Blank  Licenses,  Auditor  to  Prepare  . . 

Block,  Defined  for  Certain  Purposes  . 


Page 

.  155 

139,  214,  255 

.  110 

.  99 

.  91 

.  Ill 


.  110 

•  •  • .  100 

.  104 

.  lOfi 

.  100  • 

Site . 137-138 

.  358 

159,  160,  181,  182 

.  86 

. 108,  109 

.  107 

.  359 

. .  Ill 

.  140- 

.  110 

.  327 

. .  322 

.  348 

.  169 

.  354 

. 138,  140 

.  339 

.  268 

.  201 


.  .  .  117 

...  117 
...  109 
. . .  110 
...  322 
.  ..  317 

.  .  .  235 
148-149 
...  150 
. . .  173 
. . .  149 
...  104 
...  119 


Board  of  Public  Works — 

— See  “Obstruction  to  Orders” 
— Permits — 


INDEX  TO  ORDINANCES. 


421 


Board  of  Public  Works— Continued.  Page 

— Permits — Building  Material  on  Street .  164 

— To  Cut  Down  Trees  .  317 

— To  Burn  Rubbish  .  149 

— To  Dig  Street  or  Walk .  150 

— To  Construct  Walk  or  Curb  . 156-157 

— For  Private  Sewer . 151,  162-163 

— For  Laying  Pipe,  etc .  151 

— Removal  of  Buildings  .  178 

— 'For  Metal  or  Wooden  Doors .  212 

— Secretary  to  Issue  .  181 

— Secretary  of,  Salary  .  82 

— Selling  Condemned  Material  .  96 

— See  “Supplies” 

Board  of  Police  and  Fire  Commissioners — 

— Permits,  Sparring  Exhibitions  .  360 

— Supervision  over  Saloons  .  121 

— Obstructing  Orders  of . *  ■  ■  ■  95 

— To  Appoint  Additional  Men  . 204-208,  388 

Board  of  Health — 

— Bacteriologist . 66 

— Chemist  .  65 

— Permits — 

— See  “City  Physician” 

— Secretary  of  Board,  Salary  of  .  63 

— Sanitary  Inspector  .  96 

— Assistant  Sanitary  Inspectors  .  91 

— See  “Health  Department” 

Boilers  (Steam)  in  Fire  Limits  . 223 

Bond  Ordinances,  Boulevard,  Park  and  School  .  386 

Bond — - 

— Application  to  Sell  Liquor .  119 

— Same  Forfeited  When  .  120 

— Construction  of  Sewer  .  163 

— License  Inspector  .  64 

—Plumbers  .  ^4^ 

— Poundmaster .  276 

— Sanitary  Inspectors  . 91 

Boats,  Dockage,  etc  . . 269-273 

— License  Numbers  on  . 167,  122,  123 

— License  Fee  . 122-124 

— Numbering  and  Lighting  . 122-124 

— On  Lake  Merritt  .  356 

Books  and  Stationery  for  Departments  . 95,  100 

Boundary  of  Lake  Merritt  .  659 

Bow  Guns  .  33  < 

Bow  Windows  . 138,  140 

Bowling  Alleys,  License  Fee  .  H6 

Boys,  See  “Minors” 


422 


INDEX  TO  ORDINANCES. 


Boulevard,  Use  of  . 

Boulevard  Ordinances  . . 

— Twelfth-street  Dam,  to  be  . 

Bridge,  Protection  of  . 

Brokers,  License  Fee  . 

Buildings — 

—Numbering . 

— General  Provisions  as  to  . 

—Defacing  by  Advertising  on  . 

— Encroaching  on  Street  lane  . 

— In  Fire  Limits,  see  “Fire  Limits” 

— Unfit  for  Habitation  . 

— Material  on  Street  . 

— Public,  Expectorating  on  Floors  or  Steps  of 

— Removal  of  . 

Building  Material  on  Street,  Light  on  . 

— Permit  to  Place  . 

Buffers,  see  “Railroads.” 

Buggy,  Cleaning  on  Street  . 

Bulls . 

— License  Fee . 

— See  also  “Animals”  and  “Cattle” 

Bunkers  (Coal)  . 

Burials,  Permits  for  . 

— Contagious  Diseases  . 

Burning  Rubbish  . r . 

Canada  Thistle  . 

Cannon,  Discharge  of  . 

Captain  of  Police  to  Direct  Stands  of  Vehicles  . 

Car,  License  Fee  . . 

— See  also  “Railroads” 

Carriage,  see  “Vehicle” 

— Cleaning  in  Street  . 

— Standing  in  Street  . 

— Stands  for  . 

Catch  Basins  (Specifications)  . 

Cattle  in  Street  . 

— See  “Animals” 

Cattle,  Number  on  Block  . 

Cellar  Doors  in  Sidewalks  . 

Cement  Walks  (Specifications)  . 

Cement  Curbs  (Specifications)  . 

Cess  Pools  . 

Chairs,  etc.,  in  Aisles  . 

Changing  Tracks,  see  "Railroads” 

Changing  Names  of  Streets . 

Chemical  Engine  Companies,  Fire  Department — 
— Salaries  . 


Page 
191-192 
...  386 
. . .  199 
. . .  333 
. .  .  110 


285 

326 

138 


.  240 

. 139-140,  164 

.  332 

178-180,  219,  222 

.  140 

.  164 

.  139 

. 320 

.  112 

.  275 

.  . .  233 

.  232 

.  149 

.  354 

.  335 

.  143 

.  114 


. . . .  139 
. . . .  139 
. ..;  144 
.  ./.  186 
143.  148 

.229-230 
. . . .  140 
. . . .  154 
. . . .  155 
167,  224 
. . . .  342 


3  27.  134.  374,  376 


84 


INDEX  TO  ORDINANCES. 


423 


Chemist  . 

Chimneys  . . . 

China  Bombs  . . . 

Chinese  Interpreter  . 

Chief  of  Police — 

— To  Report  Places  Where  Liquors  Sold 

— Suspension  for  Neglect  so  to  do  . 

— Order  of  Processions  . 

Cholera,  see  “Contagious  Diseases" 

Churches,  Egress  and  Chairs  in  Aisle . 

Cigarettes,  Smoking  by  Minors  . 

Circus,  License  Fee  . 

City  Engineer,  Duties  . 

— Fees  of  . 

City  Hall — Seat  of  Government  . 

— Janitor  of  ....  . 

— Night  Watchman  of . 

City  Pound  . 

— Poundmaster  Provided  for  . 

— Fees  of  . 

— Bond  of  . 

— Animals  Subject  to  be  Taken . 

—Notice  of  Taking  Animal  . 

— What  Animals  to  be  Destroyed  . 


Page 
. . . .  85 

. .  .  .  218 
. . . .  349 
.  97 

_  121 

_  121 

.  .  .  .  139 

. . ...  342 
. . . .  328 

_  111 

.  ...  94 

.  .  . .  93 

. . . .  81 
. . . .  98 

.  .  .  .  97 

276,  280 

-  276 

.277-279 
. . . .  276 
.276-280 
_  277' 


— Veterinary  Surgeon  to  Examine  Animals . .  277 

— Owner  Reclaiming  .  277-278 

— Dogs  Taken  to,  When  .  278 

— Selling  or  Killing  Animals  . 277-278 

— Young  Dogs  Exempted  From  .  278 

—Animals,  Dead  on’ Premises  .  279 

— Taken  by  Poundmaster,  When  .  277 

— Failure  to  Bury  on  Premises  . .  279 

— Report  of  Poundmaster  . .  280 

— Poundmaster  to  Notify  Captain  of  Police  Before  Killing 

Animal  .  280 

City  Numberer  . 285 

City  Prison,  Passing  Liquors  into  .  324 

— Taking  Opium  into  . .329 

City  Supplies — 

— Contracts  for  (in  excess  of  $100)  by  Board  of  Public  Works.  .  95 

— Requisitions  for  .  .| . 100 

— Approved  by  Council,  When  . . .  100 

— Approved  by  Finance  Committee,  etc .  100 

— Receiving  and  Weighing  .  345 

City  Physician  or  “Health  Officer" — 

— Duties  of  . 89,  236 

— Inspection  of  Infected  Premises  by  . .............. .  236 


424 


INDEX  TO  ORDINANCES. 


City  Physician  or  “Health  Officer” — Continued.  Page. 

— Placards  on  Infected  Premises  by . 236,  238 

— Quarantine  Established  by  . 236,  238 

— Salary  of .  82 

Sanitary  Inspectors  under  Orders  of  .  90 

City  Wharfinger  .  269 

— Bond  of  .  269 

City  Wharves — 

— City  Wharfinger,  Powers,  Duties,  Salary  .  269 

— Damages  by  Vessel . 269,  273 

— Dockage  Fees .  271 

— License  Fee .  124 

— Rubbish  on  .  273 

— Steam  Engines  on,  Regulated  .  273 

— Tolls  and  Fees  .  271 

— To  be  Kept  in  Good  Repair .  33  7 

Claims  against  City — 

— Requisition  to  be  Attached  .  100 

— Verification  of  . ,322 

Clairvoyants,  etc .  Ill 

Clothes,  Cleaning  in  Streets  .  139 

Closing  Streets — List  of  Ordinances  .  373 

Coal  Bunkers  . 275 

Coal  Oil,  Storage  of  .  341 

*■ 

Cocaine  .  227 

Combustible  Material  (Storage  of)  . 323,  327,  340,  341 

Concealed  Weapons  .  334 

Concert  Halls,  License  Fee  . 115 

Concrete — for  Curbing  .  155 

— For  Street  Work  (Specifications)  . 174 

Condemned  Material,  Sale  of  .  96 

Contagious  Diseases — • 

— Physicians  to  Report  Cases  of  .  230 

— Typhus,  Yellow  Fever,  Asiatic  Cholera,  Small  Pox,  Diph¬ 
theria,  Scarletina,  Typhoid,  Malarial  Fever . 230,  232 

— Householder  to  Report  Same  .  230 

— Dead  Body,  Bringing  Into  City  .  236 

— Deaths  From,  to  be  Reported  .  230 

— Immediate  Burial  .  232 

— Hospital  for  .  236-237 

— Quarantine  . 236-237 

—Lower  Animals  Having  .  242 

— Fumigation  .  263 

Contract  for  Supplies .  95 

Contract,  Street  Work  . 157,  167,  177 

Corporation  Yard  .  101 

Corpses  .  233 

Corrugated  Iron  (Fire  Limits)  .  223 


INDEX  TO  ORDINANCES.  425 

Page 

■Coupon,  on  Sale  of  Goods  . • . .  848 

Courts,  Supplies  for  .  499 

Cows — 

— Number  of  per  Block  . . •  229-230 

— Sanitary  Conditions  Where  Kept  . 233-234 

— Impure  or  Diluted  Milk  . ' . 243-244 

— Running  at  Large  . 277,  320,  321 

— Driving  Through  Streets  .  148 

— Staked  Out  in  Certain  Places  . 148,  277 

Cream,  Impure,  etc . 243-244 

Crematory,  Garbage  .  25 1 

Crosswalks  (Specifications) . 148-154 

— Obstructing  . 449>  899 

Crowds  in  Streets,  to  “Move  On”  . .  141 

“Cubic  Air  Ordinance”  .  224 

Culverts  (Specifications)  . 169-171 

Curbs  (Specifications)  . . 155-168 

— Granite  Within  Fire  Limits  .  45  ‘ 

— Grades  in  Annexed  District  .  499 

*  \ 

“Curfew”  Ordinance  .  829 

Dairies — • 

— Selling  Impure  or  Diluted  Milk  . 243-244 

— Registry  at  Health  Office . • .  248 

— “Skimmed  Milk”  .  244 

— Diseased  Cows,  Milk  from  . .  244 

— Right  of  Inspection  .  244 

— Analysis  of  Milk  .  244 

— Employes  with  Contagious  Disease  .  244 

— Inspector  of  Milk,  etc.,  Duties,  Salary .  253 

Dam,  Twelfth  Street,  a  Boulevard  . 499 

Dance  Houses  .  848 

— License  Fee  .  444 

Dead  Animals . 279 

Dead  Bodies — 

Burial,  Immediate,  when  .  232 

— Burial,  Permits  for .  288 

— Contagious  Disease,  Body  brought  into  City  . • .  236 

— Transporting  Foreign  Dead  Body  through  Streets,  Permit  for  233 

Dedication  of  Land  for  Streets  (Acceptance  of)  . 134,  200 

Defacing  Walks,  Fences,  etc.,  for  Advertising  .  350 

Demands  Against  City — 

To  be  Accompanied  by  Requisition  .  490 

— Verification  of  .  822 

Deposit  of  Ashes  . 489’  244,  2^ 


426 


INDEX  TO  ORDINANCES. 

*  *  •  .  j  .  * 


Deposits  on  Construction  of  Walks  and  Curbs 
— On  Construction  of  Private  Sewer 

— By  Companies  Using’  Poles  . 

—On  Digging  Up  Street  or  Walk . 

—On  Laying  Gas,  Water,  etc.,  Pipes  .  . . 

— On  Refilling  Excavations  . 

Detectives  . 

Digging  Roadway  or  Walk  . 

Diphtheria,  see  “Contagious  Diseases” — 

Disabled  Horses  at  Large . 

Discharge  of  Cannon  . 

— Of  Firearms . ;  # 

— Of  Fireworks  . 

— Of  Firearms  by  Minor  . 


Page 

.  156 

. 151,  162, -16a 

.  188 

. 151,  162-163 

. .150-151 

. 151,  162-163 

. .  207 

150,  151-153,  195-197 

. 320,  321 

.  335 

.  335 

.  335 

• . 336 


Diseases,  see  “Contagious  Diseases”— 

Diseased  Animals . 

— Anthrax  . 

— Glanders . ' 

— Farcy,  Foot  and  Mouth  Disease  . 

— Hydrophobia . 

— -Pleuro- Pneumonia  . 

— Tuberculosis,  Texas  Fever  . .  .  . 

— Poundmaster  to  Kill,  When  . .  . 

— Worn  Out  or  Diseased  Not  to  be  at  Lar 

— Actinomycosis  . 

—Veterinary  Surgeon  to  Report  Cases  of 

Disinfection . 

Dockage,  Generally . 

— Fees,  Tolls  . 

Docks  . 

— Rates,  Tolls,  etc . 

— How  Kept  in  Repair  . 

— License  Fee  . 

Dogs — 


•  .242,  243,  244,  253,  320,  321 

.  242 

. 242,  320,  321 

. 242. 

.  242 

. 242 

. 242 

. 277 

Se . 320-321 

. 242 

. .  242 

. . ....  263 

. 269-273 

. 269-273 

. 269-273 

. 269-273 

.  337 

. 124 


— At  Large  . 

— Impounding  . 

— License  Fee  . 

— Licensing  . . 

— Register  of  . 

—Vicious  to  be  Killed  . 
— Young  Dogs  Exempted 
Dog  Tags — - 


— Auditor  to  Prepare 


278 

278 

111 

102 

102 

102 

27S 


104 


INDEX  TO  ORDINANCES. 


427 


Dog  Tags — Continued  Page 

— Tax  Collector  to  Procure  .  102 

— Tax  Collector  to  Register  .  102 

Doors,  in  Fire  Limits  . -. .  211 

— In  Public  Buildings  .  342 

Doorstep  on  Street .  139,  140 

Drains  and  Sewers,  Drainage  and  Plumbing  of  Buildings . 

. ' . 226,  234,  239,  245,  264-265 

— Emptying  on  Streets  Prohibited  .  226 

— Inspection  of  Work  .  245-252 

— Plans  and  Drawings  . 227,  245,  252 

— Rules  Governing  Laying  of  .  245-252 

— Specifications  . 245 

— Work  Condemned  .  252 

— Material,  Quality  of . 245-252 

— Street  Connection  .  246 

— Private  Sewer  Connection  .  246 

— Crossing  Lots  Forbidden  .  246 

— Joints  .  246 

— Connections  . 246,  247 

— Packing .  246 

— Cesspools  .  246 

— Permit  for  Connecting  with  Public  Sewer  .  247 

— Testing  .  251 

— Covering  Up  .  251 

— House  Drain  . 247,  248 

— Cleanouts  .  247 

— Trap . . . 247-252 

— Flue  of  Brick,  etc.,  as  Ventilator  .  248 

— “T’s”  Forbidden,  When  .  248 

— Soil  Pipe  . 247-252 

— Waste  Pipes  . .' . 247-252 

— Vent  Pipe  . 247-252 

— Coating  Pipe,  etc . 246 

— Air  Pipes  . .  248;  249 

— Water  Closets  . 249,  250 

— Hoppers  .  249 

— Steam  Exhaust  .  251 

— Certificate  by  Contractor  as  to  Plumbing,  etc . „ .  251 

— Final  Inspection  .  251 

— “Repairs”  . 248,  251 

— Building  Moved  or  New  Plumbing  in  Old  Building  .  . .  251 

— Condemned  Work  .  252 

— Galvanized  Wrought  Iron  Instead  of  Castiron  .  249 


428  INDEX  TO  ORDINANCES. 

) 

Dra  >v  Bridges,  Crossing  of —  Page 

— Gates  at  the  Approach  of  Webster-  and  Alice  Street  Bridges..  309 

— Train  to  Come  to  Full  Stop  .  307 

Dray,  License  Fee  . Ill,  115 

Dress,  of  Opposite  Sex .  324 

Drivers  in  Fire  Department,  Salaries  .  84 

Driving  Cattle  in  Streets .  148 

Driving  Recklessly  . ) .  iog 

— Through  Procession  .  139 

— On  Alameda  Bridge  .  333 

Druggists,  Sale  of  Liquor  by  .  122 

Drugs— Opium  . 227-228 

Drunkenness  .  331 

Ducks  and  Geese  .  277 

Dummies  (Street  Car)  to  Have  Guards .  304 

Dyers,  License  Fee  .  Ill 

Dynamite,  etc .  340 

Egress,  From  Theatres,  etc . 342 

Electric  Light  Companies,  License  Fee  .  Ill 

Electric  Car  Lines,  Guards  Required  .  304 

— Trolly  Guards .  306 

Emeryville,  Permission  to  Connect  Sewers .  352 

Engineers,  see  “Fire  Department”  — 

Engineer  City,  Duties  .  94 

— Fees  .  94 

Entrance  to  Theatres,  etc .  342 

Estray  Animals  .  276 

Establishing  Lines  of  Certain  Streets . 136-137 

Excavations  for  Pipes,  Sewers,  etc . 140,  163,  182,  195 

—Refilling . 151,  152,  163,  182,  195,  197,  198 

— Lights  to  Guard  . • .  140,  167 

Exhibition  of  Goods  on  Walk . 142 

— Lewd,  Vulgar  Pictures  .  344 

Exits  from  Buildings  .  342 

Expectorating .  332 

Explosives  . 340)  349 

Express  Companies,  License  Fee  . . HI  333 

Express  Wagon,  License  Fee  .  114 

Extramen  (Fire  Department)  Salary  .  84 

False  Alarms  . 214 

Fares,  see  “Railroads” — 

Fast  Driving  .  ^gg 

Fees — - 

—For  License  Badge 


108 


429 


INDEX  TO  ORDINANCES. 


Fees — Continued. 

— Dockage  . -n- . 

— City  Numberer  (Superintendent  of  Streets)  . 

— City  Engineer . 

— Poundmaster . * . 

Fence,  Around  Basement  Stairs  . 

— Limiting  Height  . 

— Encroachment  on  Street  . 

— Advertising  on  . 

Fermented  Liquors,  see  “Intoxicating  Liquors” — 

Filth  and  Rubbish — 

— Burning  in  Street  . . 

— Depositing  on  Lot,  Land  or  Street  or  in  Waterway 

— Depositing  on  Street  . 

— Garbage  and  Swill  Carts . 

— Throwing  into  Street  . 

Fire  Alarms,  False  . 

Fire  Alarm  and  Police  Telegraph  . 

— Salary  of  Superintendent . 

— Lineman  . 

— Batteryman  . 

Fire  Apparatus,  Right  of  Way  of . 

Firearms — - 

— Permits  to  Carry  . 

— Regulating  Discharge  of  . 

— Use  of  by  Minors  . 

Fire  Department — 

— Appointment  of  Employes  (see  also  Charter) . 

— Chemical  Companies,  Salaries  . 

— Drivers,  Salaries  . 

— Engineers,  Salaries . . 

— Extramen,  Salaries  . 

— Fire  Warden  . 

— First  Assistant  Engineer,  to  be  Fire  Warden . 

— Salary  . 

— Foreman,  Salary . . . 

— Hydrants . 

— Stewards,  Salaries  . 

— Stokers,  Salary . • . 

— Tillerman,  Salary  . 

Fire  Escape . 

Fire  Hydrants — 

— Tampering  With  . 

— Obstructing  View  of  . 

•.  _ To  be  Connected  to  Certain  Size  of  Main . 


Page 
269-273 
. . .  286 
.  .  .  91 

.  .  .  278 
140-141 
...  201 
...  138 
. . .  117 


_  142 

.  .  .  .  262 
139,  262 
.241,  257 
.  .  .  .  139 
.  .  .  .  214 
.213,  214 
. . . .  83 

.  .  .  .  83 

....  390 
....  210 


334 

335 

336 


86,  87,  88,  89 

.  84 

.  84 

.  84 

.  84 

. 99,  219 

.  99 

.  99 

.  84 

.209',  210,  215 

. 84 

.  84 

. .  84 

.  213 


209 

210 
215 


430 


INDEX  TO  ORDINANCES. 


/ 


i 


Fire  Limits,  Defined  . 

—Burning-  Rubbish  Within  . 

— Building  Within  Regulated . 

— Corrugated  Iron  Buildings  Within 

— Iron  Doors  Within  . 

— Laundries  Within  . 

— Meeting  and  Passing  Cars  Within 


Page 

. .  221 

.  149 

216-219,  220,  222,  223 
.  223 


211-212 
...  220 
. . .  300 


leimits  from  Council  to  Erect  Frame  Structures  Within....  220 

Pei  mission  of  Property  Owners  for  Removal  Within .  219 

— Removal  From  Without  Into  . 219  222 

— Removals  Within  .  ’  219 

— Steam  Boilers  Within  . ' .  223 

— Wooden  Buildings  Within  Prohibited  . . .  222 

Fires — 


— Regulations  to  be  Observed  at 

Fire  Warden  . 

Fireworks — 


— China  Bombs,  etc . 

— Discharge  of  . 

— Storage  of  . 

Fish,  Cleaning  in  Street  . 

Flagmen — 

— On  Street  Railway  Lines  . 

— On  Steam  Railway  Lines  . 

Flush  Tanks  (Specifications)  . 

Flyers,  Advertising  by  Distributing  . 

Flowers  in  Public  Parks  . 

Forfeiture  of  License  . 

Fortune  Tellers,  License  Fee  . 

Frame  Buildings  in  Fire  Limits  . 

Franchises,  Index  to  Ordinances  Governing 

Free  Library,  Site  for  and  Erection  of . 

Free  License  . 

Fruit,  Unwholesome  . 

Fuel,  etc.,  for  Departments  . 

Fumigation  . 

Funerals — 

Driving  Through  Funeral  Processions 

— In  Case  of  Contagious  Disease  . 

Fuel,  Purchase  of  for  City  Regulated . 

Furniture,  Purchase  of  for  City  Regulated 
Garbage — 


333 

333 

340 

139 


. . . .  30 S 
313,  314 
.  .  .  .  186 
...  326 
...  350 
...  120 
...  Ill 
...  220 
. . .  376 
. . .  137 
. . .  106 
. . .  231 
...  100 
. . .  263 

. ..  139 
. ..  232 
. . .  100 
. ..  100 


— Crematory . 

— Discharging  into  Sewer 


. .  .  .  257 
234.  239 


I 


INDEX  TO  ORDINANCES.  431 

Garbage — Continued.  Page 

— Depositing  in  Lake  Merritt  .  234 

— Dumping  on  Lot,  Land,  Street  or  in  Waterway .  262 

— Forbidding  Persons,  Generally,  from  Gathering  . 252,  263 

— Gathering  and  Disposal  of  . •••257,  262 

— Hours  within  which  Gathering  Forbidden  .  241 

— Separating  Ashes  From  .  255 

— Wagons  Hauling*  Same  to  be  Covered,  etc . 241,  257 

Gardens  (Public)  License  Fee  .  112 

Gas  Companies  (License  Fee)  .  HI 

Gas  Pipes .  I97 

Gates  at  Drawbridge  .  209 

Geese  and  Ducks .  277 

Glass  on  Walks  and  Streets  .  I94 

Glanders  . 242,  320-321 

Goats,  at  Large  . 148>  277 

— On  Streets  and  Walks . 148>  277 

— Kept  in  Sanitary  Manner  .  233 

Goods  on  Sidewalk  . ..140,  142 

Grade  Ordinances,  Index  to  .  262 

— Curbs  in  Annexed  District  . 1" 

Grading  (Specifications)  . 167,  168,  174 

Grass  on  Walks  .  1^6 

Guard  Wires,  on  Electric  Lines . 1 .  206 

Guns,  See  “Firearms” — 

— Bow,  Spring  and  Air .  237 

— Permit  to  Carry  . •  234 

— Regulating  Discharge  of  . 235 

— Use  of  by  Minors  .  236 

Gunpowder,  etc.,  see  “Combustible  Material”  .  340 

Gutters  (Specifications)  .  169 

Hackney  Carriages — 

— Lamps  on  . 123,  389 

— License . I®4,  44^ 

— Number  on  . I®4 

— Standing  . ....143,-144-146 

Halls,  Public,  Egress,  etc .  242 

Hats  in  Theatres . ’•••••  355 

Hay,  Straw,  etc.  (Storage)  . .323,  32. 

Health  Department 

— Air  (Cubic  Feet  of)  .  224 

—Ashes  . 214 

— Bacteriologist  . ' . .  240 

Births  (to  be  reported) . . . .  •  ■  •  235 


/ 


432 


INDEX  TO  ORDINANCES 


Health  Department — Continued.  Page 

— Buildings  Unfit  for  Habitation . . .  240 

Bui  ials,  Funerals,  etc .  232  233  236 

— Cattle  (Number  per  Block, etc.)  . 229,  233-234 

— Cesspools  and  Privy  Vaults  . .  .  224 

— City  Physician  . 

— Chemist  . .  . 


— Contagious  Diseases 

— Dairies  . 

— Dead  Bodies  . 

i 

— Drains . 

— Drugs,  Opium,  etc.. 


230,  232,  236,  237,  242,  243,  263 

. • . 243-244 

.  232,  233,  236 

.  .  .  .  .  .226,  234,  239,  245,  264-265 
. 227-228  *- 


— Fumigation  .  263 

Garbage,  Swill,  etc . 241-242,  257  262, 

—Health  Officer  . . . 89,  235,  236,  237,  238',  240,  242 

— Hospital .  236 

Inspector  . 90,  244,  253 

— Lake  Merritt,  Sewering  Into .  234 

— Meats  and  Provisions  . 231,  252,  268 

— Milk,  Unwholesome,  etc  . 243-244,  253 

—Nuisance  . 160,  266-269,  319 

— Permits  for  Burial  or  Removal  of  Dead  Bodies .  233 


— For  Removal  of  Patients  Having  Contagious  Disease  ....236-237 


— Placarding  by  . 

— Plans  for  Drainage  and  Plumbing . 

— Plumbing  and  Sewrerage . 

— Plumbers  (Registration,  etc.)  . 

— Quarantine  . 

— Report  by  Health  Officer  of  List  of  Plumbers _ 

— Rubbish  . 

— Sanitary  Inspector . 

— Sanitary  Inspector  Assistants  . . 

— Sewrers  and  Sewering . 226, 

— Stagnant  Water  . 

— Vaccination  . 

— Veterinary  Surgeon  . 

Heavy  Doors  Forbidden  in  Fire  Limits  . 

Height  of  Awnings . 

Height  of  Fences,  limiting  . 

Hides,  Keeping  or  Tanning  Forbidden  . 

Hitching  Horses,  etc.,  on  Streets  . 

Hogs,  at  Large . 

— To  be  Kept  in  Sanitary  Condition  . 

Horses— 

At  Large . 

— Diseased  or  Disabled . . > .  .  „ . 

— Es  trays  . 

— Glanders  .  . . 

1  — Impounding  . 


. 238,  240 

. 227,  245,  252 

.  246 

.226-227,  245-252 

. 236-237,  238 

.  227 

.  .  .  .226,  241,  262 

. 90,  245 

.  91 

234,  239,  245,  252 

- 235,  266,  267 

. .  225 

.  253 

. 211-212 

.  181 

.  201 

.  319 

. 333 

. .... .... . .  277 

.  233 

. .  276 

242,  277,  320,  321 

. .276,  2S0 

..  .  ..242,  320-321 
........  ..  .  >.  277 


INDEX  TO  ORDINANCES. 


433- 


Horses  — Continued  Page 

— Killing  by  Poundmaster  .  277 

— Leaving  on  Street  Unhitched  .  333 

— Sanitary  Conditions  . 233-9  4 

— Selling  by  Poundmaster . : . 

— Redemption  by  Owner . 277 

— 'Stallions  .  339 

— License  Fee  .  444 

— Untied  on  Street  . ^ .  333 

— Veterinary  Surgeon,  to  Inspect  City’s  Horses . 253 

Hospital  for  Contagious  Diseases  . 23G-23* 

— Houses,  Extending  Into  Sidewalks  .  449 

—Of  HI  Fame  . ’ .  336 

Hydrants  (Fire)  . .  . 209,  215 

Ill  Fame,  Houses  of  .  336 

Impersonation,  of  Officers .  339 

— Of  Opposite  Sex  .  324 

Ingress  and  Egress,  Means  of,  From  Public  Buildings.... . 342 

Inspection  of  Diseased  Animals . 242 

—Of  Meats,  Milk,  etc . .  . 252,  243 

— Of  Drains,  Sewers,  Plumbing  . 245-252 

— Of  Pawnbroker’s  Register  .  333 

— Of  Saloons  .  121 

inspector  of  Markets,  Meat  and  Milk,  see  “Veterinary  Surgeon” 

— Acess  to  Places  Where  Milk  is  Kept . . 243-244 

— Duties,  Salary,  etc  .  252 

Inspector,  Sanitary .  90 

— Duties,  Salary,  etc  .  252 

— Shall  Have  Access  to  Places  Where  Milk,  etc.,  is  Kept  ....  243 

Inspector,  License  . .  •  •  34 

— Bond  of  . . 

— Police  Officers  Are  Assistant  Inspectors  .  107 

— Powers  and  Duties  of  . 90.  103 

Intelligence  Offices,  License  Fee .  112 

Interpreter,  Chinese  for  Police  Court . 9( 

Intoxicated  Person,  Liquor  to  . 120 

Intoxicating  Liquors — 

— Generally . . H7>  348 

— License  Fees  .  H? 

— Passing  into  City  Prison  . .  •  •  •  •  324 

Iron  Door  In  Fire  Limits  Forbidden . •  .  211 

Iron  in  Buildings  Within  Fire  Limits . .  . . . .  223 

— Corrugated  or  Sheet  Iron . 223. 

Jacks  and  Jackasses 

— License  Fee  . . .  14  ’ 

— Staked  Out  or  at  Large  . . .  620 

Janitor  City  Hall . ^ 

Job  Wagon  .  443: 


434 


INDEX  TO  ORDINANCES. 


Page 

Keepers  of  Parks . „ . 83,  389 

— Are  Special  Police  officers .  eg 

Keno,  Dealing  or  Playing .  343 

Kerosene,  see  also  Combustible  Materials  .  34i 

Kites,  Flying  of . . ' .  140 

Lake  Merritt,  Sewerage  Into  .  234 

— Boats  on .  356 

— Bathing  in . 354 

— Boundary  Established  .  . .  357 

Lamps  on  Carriages  . 122,  389 

Lamp  Holes  (Specifications)  .  186 

Land  for  Street  Purposes — Selection  of . 134,  200 

Laundries,  License  Fee .  112 

— Within  Fire  Limits  .  22u 

Lecture  Halls,  Means  of  Exit  . 342 

— Chairs  in  Aisles,  etc  .  342 

Leaks  in  Water  Pipes,  Repaired  .  198 

Leasing  Warehouse  on  City  Wharves . 274-275 

Library,  Site  for  and  Erection  of  . 137 

License . 103-116 

— Advertising  .  117 

— Auditor  to  Prepare  .  103 

— Badges . . . 108-109 

— Benevolent  Objects  .  10G 

— Bill  Boards .  117 

— Bulls  .  112 

— Conviction  Does  Not  Exempt  . 107 

— Dogs . 102 

— Evidence  of  Liability  to  Pay  License  .  107 

— Exhibiting  .  105 

— Free,  When .  106 

— 'Jacks . *. .  112 

— Liquor  License  . 117-122 

— Bond .  119 

— Rate  of  .  122 

— Money  Paid  Treasurer .  105 

— Not  Assignable  .  105 

— Payable,  How  and  Where  .  104 

— Peddlers  . 105 

— Defined .  108 

— Penalty . 103,  106 

— Policemen  are  Inspectors  of  .  107 

— Procured.  When  . 105 

— “Quarter”  Defined  . 116 

— Rates . 109-116 

Record  of,  Tax  Collector  to  Keep . 104 

— Revocation  of  Liquor  License  . 120 

— “Runner”  Defined  .  109 

— Signs .  125 


INDEX  TO  ORDINANCES.  435 

License — Continued.  Page 

— “Solicitor,”  “Soliciting  Agent”  .  109 

— Sparring  Exhibitions  . . .  . ; . 300 

— Stallions  .  H4 

— Sworn  Statement  of  Tax  Collector .  106 

— Tax  Collector,  Duties  as  to . 104,  106 

— Telegraph  and  Telephone  Poles .  187 

— Term  . 105  ,109 

— Wharves  .  12  4 

— When  Paid  .  104 

— Who  to  Pay  .  104 

License  Committee .  120 

Licensing  Dogs . m 

License  Inspector — - 

— Deputy . 00 

— Bond  of  .  or 

. 

— Police  Officers  are  Assistant  Inspectors  . 107 

— Powers  and  Duties  of .  85 

Powers  and  Duties  of  License  Officers  Generally  .  106 

—Salary  .  82 

License,  of  Sale  of  Liquors,  see  “License”  . 117-122 

—Bond  . 119 

—Rate  of  .  122 

License  Officers,  Powers  and  Duties . rCS,  122 

Lights  at  Excavations,  etc . 140,  167 

Lights  on  Vehicles  and  Boats .  122 

— Limiting  Height  of  Pences  .  201 

Lines  of  Certain  Streets  Established,  List  of . 136-137 

— Twelfth  Street,  Fallon  to  First  Avenue  . 165 

Liquor  Ordinance  . 117-122 

Liquors  in  City  Prison  .  324 

Liquors  to  Minors,  Sale  of .  328 

Liquor  Saloons,  License  Fee .  122 

— 'Open  When  . 348 

— Regulating  . 117-122 

Livery  Stables,  License  Fee  .  112 

Lodging  in  Barns,  etc . 322 

Lost  Animals  .  276 

Lottery  . 346-347 

Macadam  (Specifications)  . • . 171-173 

Malarial  Fever .  230 

Malt  Liquors,  see  “Intoxicating  Liquors” 

Main,  Water,  Size  of .  215 

Manholes  (Specifications)  .  185 

Manure  . . .  24 1 

Manufacturer  of  Pickles . 254 

Maps,  Surveys,  etc .  94 

Markets,  Condition  of .  231 

— Inspector  of  . 252 


436 


INDEX  TO  ORDINANCES. 


Market  Inspector — 

— Access  to  Places  Where  Milk  Kept  . 

— Duties  and  Salary  of . 

— To  Give  Notice  of  Diseased  Animal . 

Mayor — 

— Permit  by  to  Carry  Weapon . 

— Permit  by  to  Drive  Cattle  . 

— Approval  of  Requisition  by . 

Appoint  License  Inspector . *. 

Meat — 

— Cleaning*  in  Street  . 

— Unwholesome . 

— Inspector  of . 

— Freshly  Slaughtered  . 

Mechanical  Device,  Rendering  Lewd  Songs,  etc 

Meetings  on  Streets  . 

Menageries,  License  Fee  . - 

Messenger  Service,  License  Fee . 

Midwife . 

Milk— 

— Adulterated  or  Unwholesome  . 

— Inspector  of  . 

Milch  Cows,  see  “Cows” — 

Minors,  Boating  on  Lake  Merritt  . 

— Cigarettes  . 

— Firearms  . 

— Liquors  . 

— Steam  Cars  . 

— Street  Cars  . 

— On  Streets  at  Night  . 

Monument,  Street  . 

Morphine  . 

Motor  Vehicles . 

“Move  On”  Ordinance  . 

Mules,  at  Large  . 

— Disabled  or  Worn  Out  . 

— Not  to  be  Left  Unhitched  . 

— See  also  “Animals” — 

Municipal  Licenses . < . 

Municipal  License  Committee  . 

Musicians,  Street,  License  Fee  . •• . 

Names  of  Streets  Changed  . 

— Posted  . 

Names  of  Owners  on  Poles  . 

Nauseous  Substances . 

Night  Watchman  (City  Hall) . 

Nitro  Glycerine,  Powder,  etc  . 

Notice  by  Superintendent  of  Streets — 

— To  Repair  Walk  . 

— Of  Digging  Up  Street  . 

Nuisance — 

— Certain  Things  Declared  . 

— Hides,  Tanning  of  . 


Page 
.  243 
.  252 
.  243 

.  334 
.  142 
.  100 
.  85 


139 

231 

252 

268 

344 

202 

111 

112 

235 


243-244 
. . .  253 


.  356 

. . .  328 

.  336 

.  328 

. 325,  345 

.  345 

. 326 

.  94 

.  227 

.  358 

.  141 

.  276 

242,  277,  320,  321 
.  . .  333 

.103-116,  117-122 

.  120 

.  115 

.127-134,  374-376 

.  192 

. . 190,  191 

.  235 

.  97 

.  340  ~ 

.  146 

. . 152 

. 160,  266,  267 

- - 319  * 


I 


INDEX  TO  ORDINANCES.  43T 


Nuisance — Continued.  Page 

— On  Streets  . 139,  160,  235 

— Suppression  of  . 266,  267,  319 

— Slaughter  Houses  .  319 

Numbering  Buildings  . 281,  295 

— Vehicles  and  Boats  . 122 

— General  Provisions  . - .  285 

Obstacles  in  Aisles .  342 

Obstructing  Fire  Apparatus  .  210 

— Fire  Hydrant  .  209 

— Orders  of  Board  of  Works  or  Police  and  Fire  Commissioners.  .  95 

— Street  or  Walk  (see  “Sidewalks”)  . ..139-140 

—By  Crowd  (“Move  On”)  .  141 

— Sidewalks  with  Weeds,  Grass,  etc .  190 

'Obstructions  in  Buildings  (Egress,  etc)  . 211,  342 

Offal  . . . 139,  262 

Offensive  Substances  .  263 

Offensive  Trades  .  319 

Offices  (Where  Located)  .  81 

Officers,  Impersonation  of  .  330 

Opening  of  Streets,  List  of  Ordinances .  373 

Open  Trenches,  Lights  Near  at  Night . 140,  167 

Opium,  Sale  Regulated  . 227-228 

— Dens  .  325 

— City  Prison  . 329 

Order  Agents — 

— Defined  .  109 

— License  Fee  .  114 

Paper  Thrown  Into  Streets . 139 

Park  Ordinances  .  386 

Parks,  Where  Admission  Charged,  License  Fee .  112 

— Keepers,  Salaries  . 83,  389 

— Keepers  to  have  Powers  of  Special  Police  Officers  .  96 

— Protection  of  .  350 

Party  Walls,  in  Fire  Limits  .  216 

Paving,  Asphalt  (Specifications)  . 157-159 

— Bituminous  (Specifications)  .  173 

— Generally,  see  “Streets”  . 167-175 

Pawnbrokers,  License  Fee  .  113 

— Register  of .  338 

Peddlers,  Defined  .  108 

— Free  License  .  106 

— License  Fee .  113 

— On  Certain  Streets  Forbidden  . 108,  161-162 

— Standing  on  Streets  or  Walks  .  146 

— To  Exhibit  License  .  105 

— Who  not  Deemed  .  108 

Permit  by  Mayor  to  Carry  Concealed  Weapons .  334 

Permit,  By  Board  of  Works — 

— Building  Material  on  Street  . 139-140,  164 

— Carrying  Concealed  Weapon  .  334 

— Construction  Curb  or  Walk  . 156-157 

— Connecting  with  Public  Sewer  . 163-164 


INDEX  TO  ORDINANCES. 


43$ 


Permit,  By  Board  of  Works — Continued. 

— Burning  Rubbish  . 

— Digging  Street  or  Walk  . 

— Laying  Pipe,  etc . 

— Metal  or  Wooden  Door  . 

— Plumbing . . . 

— Private  Sewers  . 

— Removal  of  Building . 

— Secretary  to  Issue  . 

— Sewering . 

— Street  Work  by  Private  Contract  . 

Pest  house . 

Petition  for  Saloon  License . 

Petroleum,  see  “Combustible  Materials”  . 

Physician,  see  “City  Physician” . 

Pickles . 

Pictures,  Lewd,  etc . 

Piedmont  Sanitary  District  . . 

Piers,  see  “Wharves” — 

Pile  Drivers,  License  Fee . 

Pipes,  Lowing,  etc . 

Pipes,  Sewers  (Specifications)  . 

Pistols,  see  “Firearms” — 

— Permit  to  Carry . 

— Regulating  Discharge  of  . . 

— Use  of  by  Minors  . 

Placarding  by  Health  Department  . 

Plans  and  Specifications  (Plumbing)  . 

Plumbers,  Registration  . 

Plumbing  and  Sewerage  . 

Police  Court — 

— Chinese  Interpreter  . 

Police  Force,  Additional  Men  . 

— Decrease  In  . 

Policeman’s  Whistle  . 

Police  Officers — 

— Additional  Men  . 

— Are  Assistant  Inspectors  . 

— Chief  to  Report  Saloons  . 

— Decrease  in  Force  . 

— Inspectors  of  Licenses  at  Saloons  . 

— Keepers  of  Parks  to  Have  Powers  of . 

— License  Inspector  to  Have  Powers  of . 

Powers  and  Duties  as  to  Liquor  Ordinance 

— Processions,  Duties  at  . 

— Removal  of  . 

— Sergeant  of  Police  . 

Police  Telegraph.  Superintendent  of . 

— Provisions  as  to  . 

Poles,  Ground  Rental  on  Telephone  or  Telegraph 
— The  Number  and  Name  of  Owner  Affixed  .  . . 

Pool  Tables,  License  Fee  . 

Pools  and  Pool  Tickets . 


Page 

.  149 

.  .  . .  150 

.  195 

. 211-212 

.  245 

. 162-163 

.  178 

.  181 

.  150 

.  166 

.  236 

.  118 

.  341 

.  89 

. 254,  255 

.  344 

.  351 

.  113 

.  195 

. 183-184 

.  334 

.  335 

.  336 

.  240 

227,  245,  252 
226-227,  245 
....245,  252 


.  97 

204-208,  388 

.  206 

.  318 

204-208,  388 

.  107 

.  121 

.  206 

....107,  121 

.  96 

.  85 

.  121 

.  139 

.  121 

.  205 

.  83 

.  213 

.  187 

. ...  .190-191 

.  .  -  110 

.  339> 


INDEX  TO  ORDINANCES  439 

Page 

Porches  on  Street  . 433,  140 

Posts  on  Street . . . ’  138 

Pound  and  Poundmaster — 

~Bond  . 276 

— Powers  and  Duties  Generally  . 103,  276,  280 

~Fees  . 278-279 

Duties  of  Persons  Taking  Up  Estray  Animal  .  280 

— Sales  by  Poundmaster  .  277 

— Killing  of  Animal  by  Poundmaster  .  277 

— Redemption  by  Owner  . 403  277 

— Rescue  From  Poundmaster  .  279 

— Report  of  Poundmaster  .  280 

Powder,  Dynamite,  etc.,  see  “Combustible  Materials”  . 340,  349 

Powder  Magazines  (License  Fee)  .  443 

Perscriptions  .  424  927 

— For  Liquors . ; .  ’  424 

President  of  Council,  Approval  of  Requisition  by  .  100 

City  Prison,  Inspection  by  City  Physician .  89 

— Liquors  in  .  324 

— Opium  in  .  329 

Private  Contracts  for  Street  Work  . . 177-178 

— Permits  for  .  166 

Private  Sewers  (Specifications)  .  192 

— Permits  for  . ' .  462 

— Constructed  How  .  462 

Privy  Vaults  . .  224 

Prize,  on  Sales,  etc .  348 

Processions,  Driving  Through,  etc .  139 

Profanity  .  334 

Proposals,  How  Made  . 459,  475 

Prostitution,  Houses  of  . ’  336 

Provisions,  Unwholesome  .  231 

Public  Halls,  Egress,  etc  .  342 

Public  Gardens,  License  Fee  . 443 

Public  Health,  see  “Health  Department” 

Public  Parks,  see  “Parks” 

Public  Meetings  on  Streets .  202 

Public  Parks . 83,  350>  339 

Quarantine  . 236-237,  238 

“Quarter”  Defined  Under  License  Ordinance  .  116 

Race  Courses,  License  Fee  .  114 

Railroad  (Street) — 

— Alarm  Bells . 34} 

— Board  of  Works  to  Approve  Work . 296-297 

— Buffers . ‘ .  304 

— Crossing  Steam  Railroad  Track  . 393 

— Expectorating  in  Cars  .  332 

—Flagmen  . *.’.’.'.'.'.'.’.308!  313 

— Franchises  .  376 

— Grade  of  Streets,  Change  .  296 

— Gripmen  and  Motormen  Not  to  Leave  Post  .  346 

— Guards  .  364 

— Guard  Wire  .  306 


I 


440 


INDEX  TO  ORDINANCES. 


Railroad  (Street) — Continued.  Page 

— Management  of  Cars  on  Streets  . .  300 

— Meeting,  Passing,  etc.,  of  . 300-301 

— Officer  of  Lliable  .  300 

— Rails  .  296 

— Relaying  on  Change  of  Grade  .  296 

— Removing  Track  Under  Permit  .  296 

— Repaving  on  Abandonment  .  296 

— Roadway  Between  Tracks  . 297,  298,  299 

— Speed  of  . 301,  312,  315 

— Stopping  on  Crossings  . 140,  300 

— Tracks,  When  a  Nuisance  .  297 

— Trolley  Wires,  Safety  of  .  306 

— Two  (2)  Men  Per  Car  .  299 


Railroad  (Steam) — 

— 'Boys  Getting  on  or  Off . 325,  345 

— Change  Location  of  Tracks  .  315 

— Drawbridges,  Crossing  . - . ...307,  309 

— Expectorating  in  Cars .  332 

— Pares  Between  Stations  in  City  .  311 

— Franchises  . •  •  •  •  380 

— Flagmen  . 313,  314 

— Gates  at  Draw  Bridge  .  309 

— Meeting,  Passing,  etc .  303 

— Permission  to  Certain  Company  to  Change  Tracks .  315 

— Semaphores  .  310 

— Soliciting  Trade  on  .  330 

— At  Stations  .  203 

—Speed  . 302,  315 

— Whistles,  Blowing  of  .  306 

Rails,  see  “Railroads”  (Street) 

Rams,  License  Fee  . 112 

Receiving  and  Weighing  Supplies .  345 

Reckless  Driving  .  166 

Records,  Municipal  (Located)  .  81 

Refilling  Street  (Excavations)  . 151,  152,  163,  182,  195-197,  198 

Refiners,  License  Fee  .  110 

Refuse  Material — 


— Burning  of  in  Streets  .  149 

— Drainage  into  Street,  etc .  226 

— Throwing  on  Street . 139,  226 

— Throwing  on  Lot,  Land  or  Streets  or  in  Waterway  .  262 

— Transporting  Through  Street  .  241 

Registration  of  Plumbers . 226,  247 

Remonstrance  Against  Liquor  License .  120 

Removal  of  Body  .  233 

Removal  of  Buildings  . 178-180,  222 

Removing  Garbage — 

— Regulating  Removal  .  258 

— Ashes  to  be  Separated  From  .....’ .  225 

— Forbidden  to  Persons  Generally . 252,  263 

— Hours  within  Which  Forbidden  .  241 


— Swill  Wagons  and  Garbage  Wagons  to  be  Tight  and  Covered 

. 241,  257 


V 


s 


INDEX  TO  ORDINANCES.  441 

Page 

Rental  (Ground)  for  Telegraph  and  Telephone  Poles .  1ST 

Repairs  to  Docks  and  Piers  .  337 

Repairs,  Leaks  in  Water  Pipes  .  198 

Repairs  of  Sidewalks,  Enforced  . 146-147 

Repairs  of  Streets,  Enforced  . 146-147,  153 

Repairs  of  Wooden  Buildings  in  Fire  Limits .  222 

Report — 

— Of  Births  . v .  235 

— Of  Poundmaster  .  276 

— Of  Physicians  as  to  Contagious  Diseases  .  230 

— Of  Veterinary  Surgeon  . 242,  253 

— Of  Health  Officer  .  227 

— Of  Sanitary  Inspector . 90 

— Of  Milk  Dealer  on  Change  of  Place  of  Business .  243 

— Of  Milk  Dealer  as  to  Contagious  Diseases  Among  Employees.  .  244 

— Of  Tax  Collector . 104 

— Of  Chief  of  Police  as  to  Liquor  Houses  .  121 

Requisition  for  Supplies,  etc  .  100 

Resolution  of  Intention  to  Declare  What  .  15S 

Revocation  Liquor  License  . . .  120 

Roadbed,  Prepared  How  .  167 

Rock  Carts  Regulated  .  189 

Rubbish,  see  “Garbage” — 

— Burning  in  Street  .  149 

— Discharging  Into  Sewer  .  239 

— Depositing  on  Streets  or  Public  Grounds  . 139,  226 

— Depositing  on  Lot,  Land  or  Streets  or  in  Waterway .  262 

— Filling  with  in  Street  Work  Forbidden  .  167 

— Light  on  Rubbish  Pile  at  Night  .  140 

— Placing  on  Sidewalk  .  139 

— Street  to  be  Cleared  of  Before  Work  Done  .  175 

“Runners”  Defined  .  109 

— At  Railway  Stations  .  203 

— Badges  to  be  Worn  by  . .  109 

— License  Fee  .  114 

Salaries  (Except  those  Fixed  by  Charter)  . 82,  390 

Safety  Wires  on  Electric  Roads  .  306 

Sale  of  Condemned  City  Property  . * .  96 

— Of  Live  Animals  on  Sidewalks  .  332 

Sale  of  Animals  Impounded  .  277 

— Redemption  of  by  Owner  .  277 

Sales  on  Streets,  see  “Peddlers”— 

— Forbidden  Within  Certain  Area  . 108,  161 

Saloons — 

— Inspection  and  Report  on  .  121 

— License  Fee  .  .  .  ,  .  122 

— Open  When  . 348 

— Regulating  . 117-122 

Sand  Wagon  for  Hauling  .  189 

Sanitary  District  (Piedmont)  .  351 

Sanitary  Inspector — • 

—Assistants  . ' . . ‘  #  91 

— Bond  of .  90 

— Powers  and  Duties  .  90 

— Salary  of  . 90 


•442 


INDEX  TO  ORDINANCES. 


Page 

Scarlatina . 230,  232 

School  Bond  Ordinances,  Index  .  386 

Scotch  Thistle  .  354 

Seat  of  Government  .  81 

Secretary,  Board  of  Public  Works,  Salary  .  82 

Semaphores  . 310 

Sergeant  of  Police  .  205 

Sewerage  Into  Lake  Merritt  Forbidden  .  234 

— From  Outside  of  City  .  239,  352 

Sewers,  Construction  of  Private  . 162-163,  192 

— Construction  of  Pipe  Sewers,  etc  . 183,  184 

— Generally  . 239,  245 

— Granting  Permission  to  Emeryville  to  Connect  .  352 

— Lake  Merritt  .  .  .  234 

— Manner  of  Connecting  . .  184 

-—Piedmont  Sanitary  District  .  351 

—Permits . 151,  162-163,  239 

— Tapping  Public  Sewer  .  163-164,  239 

— Specifications  for  Private  or  Side  Sewers  . ' . 192-194 

— Specifications  Generally  . 239,  245 

— When  Open,  Lights  to  be  Placed  at  Night  . .  140 

Sex,  Dress  of  .  324 

Shade  Trees  Upon  Streets  .  195 

Shavings  in  Streets  .  139 

Sheet  Iron  in  Fire  Limits  .  223 

Ships,  Dockage . 269-273 

Shooting  Galleries,  License  Fee  .  114 

Signs,  License  for . 125 

Sidewalks — 

— Advertising  on  .  326 

— Banners,  Devices,  etc,  Carried  on  .  327 

— Bay  Window  Extending  Over .  140 

— Bituminous,  Specifications . 148-149 

— Bicycles  on  .  201 

— Building  Material  on .  139-140,164 

— Buildings  Extending  into  .  140 

— Cellar  Doors,  Steps,  etc.,  on . 140-141 

— Construction  of.  Regulated . 148-149 

— Crosswalks,  Vehicles  on  . 140,  145,  300 

— Deposit  on  Issuing  of  Permit  . 156-157 

— Digging  Up . 150,  151-153 

— Displaying  Goods  on  . ' .  142 

— Driving  Across  a  . - .  140 

— Expectorating  Upon  . 332 

— Grass  and  Weeds  on .  190 

— Injury  to .  150 

—Not  Ordered  by  Council,  Permit  for  .....* .  156 

— Contraction  of  . 156,  148,  154 

— Obstruction  of — 

—By  Crowd  .  141 

— By  Building  Material  .  140 

—By  Weeds  and  Grass  .  49° 

— By  Extending  Building  Over  .  140 

— By  Refuse  or  Rubbish  on  .  140 

— Permits  to  Build  Over .  14(1 


INDEX  TO  ORDINANCES. 


443 


Sidewalks — Continued.  Page 

— Peddler  Carts  on  .  146 

— Repairs  to  . 146-14 < 

— Rubbish  on . 139,  HO,  226 

— Sale  of  Dive  Animals  Upon  .  332 

— Specification  for . 1.48-149,  154-155 

— Spitting-  Upon  . ’32 

— Steps  Extending  Into 
— Tacks,  Broken  Ware  Deposited  Upon 


140 

194 


-Vehicles  Standing  on .  130 


190 

140 


Showing  .  . . 
and  Bituminous 


. 368- 

Walks . 148. 


— Weeds  and  Grass  on 
— Wood  and  Coal,  etc  . 

Sidewalks,  Width  of,  Table 
— 'Width  of  Cement 

Site  for  Free  Dibrary . 

Skating  Rinks,  Dicense  Fee 

Slaughter  Houses  Prohibited  .  319 

Sleeping  in  Barns,  etc . 

Sleeping  Rooms,  “Cubic  Air  Ordinance” 

Smallpox,  etc.,  see  “Contagious  Diseases 

Smelting,  a  Nuisance  . 

Songs,  Lewd,  etc.,  rendered  by  Mechanical  Device .  344 

Solicitors  or  Order  Agents,  Defined .  ^^0 

— Badge  to  be  Worn  by . 

— License  Fee  for  . 

Soliciting  Agents  (Runners  for  Hotels,  Boats,  etc.) 

— On  Trains,  Boats,  etc.,  Without  Consent  of 

— At  Railway  Stations  . 

— License  Fee  . 

— Sparring  Exhibitions  . 

Special  Police  Officers,  Park  Keepers  are 
Specifications  (Special) 

— Asphaltum  ..  •  •  .  *169 

— Basalt  Work . 

— 'Bituminous  Sidewalk . . 

— Bituminous  Crosswalks  . ’ '  lgg 

Catchbasins  . .  V. ’ .154,*  184-185 


154  . 

137 

114 


322 

224 

319 


109 

.  114 

Defined.  > .  109 

Owner  .  330 

203 


360 


96 


-Cement 


169- 


.  __  -171 

—culverts . 1.55,  157,  168 

—Curbing .  186 

—Flush  Tanks  . .’.‘.'.167-168',  174 

— 'Grading  .  169 

— Gutters .  186 

— Lampholes  .  185 

— Manholes  . '  '  171-173 

— Macadamizing  . .  ...184-185 

—Mortar  . 157-159 

—Paving .  ...183-184 

— Pipe  .  .239-245 

— Sewers,  Generally  . 192-194 

—Sewers,  Private  or  Side . 14s,  154 

— Sidewalks,  Generally .  .148-149 

— Bituminous  .  . . .  ' . 157-159 

— Stradment  Asphaltum  Crosswalks .  ...167-175 

— Street  Work . . 


I 


444 


INDEX  TO  ORDINANCES. 


Specifications  (Genaral  Provisions  as  to) _ 

Bond  Guaranteeing  Work  for  Five  Years 

Blockading  Street  With  Work  Materials  etc . 

—'Crown  of  Roadway . ’ 

— Excavations . 

— ’Lanterns  to  Prevent  Accident 

— Lumber . 

— Proposals . . 

— Proposal  Blanks . 

— Refiilling . 

— Refuse . 

Rejected  Material  to  be  Removed  . 

— Removal  of  Surplus  Material  . . 

— Resolution  of  Intention,  What  to  Declare . 

— Roadbed  . 

— Samples . 

Superintendent  of  Streets  May  Order  Work  Stopped... 

— Work  to  Meet  Approval  of  . 158-159, 

— Water  and  Gas  Pipes  . 

— “Y”  Branches  .  .  . . 

Speed,  see  “Railroads” 


Page 
. . . .  159 
159,  175 
. . . .  158 
.182-183 
. . . .  175 
....  1S7 
. . . .  159 
. . . .  175 
. . . .  185 
158,  175 
.  .  .  .  187 
158,  175 

158,  174 
158',  174 

159,  175 

_  158 

175,  187 
.  .  .  .  187 
.  . . .  185 


— Of  Motor  Vehicles  . 

Spii  ituous  Liquors,  see  “Intoxicating-  Liquors” 

Spring  Gun  . 

Stagnant  Water . 

Stakeholder,  see  “Pools” 


358 

337 

267 


Stallions — 


— At  Large  . 

— License  Fee  . 

Stamp  or  Coupon  Sales  . 

Stands  for  Vehicles  . 

Statement  of  License  Receipts  . 

Stationery  for  Departments  . 

— Contracts  for  . 

Steamboats,  Soliciting  Trade  on  . 

Steam  Boilers  . 

Steam  Car,  License  Fee  . 

Steam  Railroads,  see  “Railroads” — 

— Index  of  Franchises  . 

— Minors  Getting  on  or  off . 

Steers,  see  “Animals” 

Steps,  Extending  into  Sidewalk  . 

Stewards,  see  “Fire  Department” 

Stokers,  see  “Fire  Department" 

Stones,  on  Streets  . 

Storage — 

— City  Property,  see  “Corporation  Yard” 

— Coal  Oil,  etc  . 

— Combustibles,  see  “Combustibles”  . .  .  .  .  .  .  . .  .  ' 

— Hay,  etc . 

— Pickles  . 

Stradamant  Pavement  and  Crosswalks  (Specifications) 

Straw  (Storage)  . 

— On  Street . 


.  . .  .  320 
. . . .  114 
. . . .  348 
.144-146 
.  .  .  .  106 
.  . .  .  100 
. . . .  95 

. . . .  330 
. . . .  223 
. . . .  114 

. . . .  380 
325,  345 

138,  140 


139 


.  341 

323,  327,  340 
....323,  327 

.  254 

. 157-159 

.  327 

.  139 


INDEX  TO  ORDINANCES. 


445 


Page 

Strayed  Animals  .  276 

Streeet  Cars,  License  Fee  .  114 

Street  Musicians,  License  Fee  .  115 

Street  Names — 

— Posting  of .  94 

— Changing  . 127-134,  374-376 

Street  Paving,  (Specifications)  . 157-159,  167-175 

— See  “Specifications” 

Street  Railways,  Index  of  Franchises  .  376 

— See,  “Railroads”  (Street) 

Street  Specifications,  see  “Specifications” 

Streets,  Abandonment  of  Portions  . . . 135 

— Acceptance  of  . 175-176, 

-Animals  on  . 139,  140,  143,  148,  276,  320 


136 

372 

321 


326 

201 

140 

164 

149 


— Ball  Playing  in  .  140 

— Banners,  Transparencies,  etc.,  in  . 

— Bicycles  in  . 

— Bow  Windows  Projecting  on  . 138, 

— Building  Material  on  . 139-140, 

— Burning  Rubbish  on  . 

— Cattle  Driven  in,  Regulating  .  142 

— Cattle  at  Large  in  . 148,  276,  320,  321 

—Cellar  Doors  . 138,  140 

— Changing  Names  of  . 127-134,  374-376 

Cleaning  Fish,  Meat,  Clothes  or  Vehicles  on  .  139 

— Crowds  Obstructing .  141 

— Dedications  Accepted  . 200 

Digging  Up  . 150,  151-153,  195-197 

Drains  . 226,  234,  239,  245,  264 


-Encroachments  on 


138, 


— x^Htaunsning  ranes  or  . 

— Excavations  in . 

—Fire  Apparatus  Right  of  Wav  on  ... 

— Flagmen  at  Crossings  . 

— “Flyers”  Thrown  Into  . 

— General  Plan  of,  Adopted  . 

— General  Specifications . 

140 

165 

195 

210 

314 

326 


— Goats  at  Large  in  . 

— Hackney  Carriages  in  . 143,  144. i46 

—Improvement  by  Private  Contract  .  160  177 

— Job  Wagons . 

—Kite  Flying  in  .  140‘ 

— Lines  Established  .  136-137  165 

— Names  Changed  . 127-134,  374-376 

— Posted  . 

— Nuisance  on  . 

— Obstructed  by  Crowd 

— Opening  and  Closing  Ordinances,  Index  to  .  373 

— Passage  of  Trains  .  3qq 

— Paying,  etc . .  .  .  .  .  .  .297  298 

— Peddling  on  Certain  Prohibited  . .*108*  161 

.  146 

Contract  . 


139, 


160,  235 
141 


— Peddler  Carts 
— Permission  by 


on  . 
Private 


446 


INDEX  TO  ORDINANCES. 


Streets — Continued.  Page 

— Portions  of  Abandonment  . ..135-136 

— Porches  Extending  Into  . 138-140 

— Processions  Regulated  .  139 

— Public  Meetings  on . 202 

— Refilling  Excavations,  etc . 151,  152,  163,  195,  197,  198 

— Removal  of  Buildings  in . ' . 178-180 

— Repairs . . . 146,  147,  195 

—Rubbish  Thrown  on  . 139,  226-262 

— Burning  Rubbish  on,  without  Permit  .  . .  149 

— Clearing  Away  Rubbish  for  Street  Work  .  174 

— Filling  With  Rubbish  Forbidden  .  167 

— Sales  in  Certain,  Forbidden  . 108,  161 

— Sewer  Excavations,  etc  . 140,  162 

— Shade  Trees  on  . 160,  195 

— Speed  of  Steam  Railroad  Trains  . . -.302,  315 

—Of  Street  Railway  Cars  . 301,  312,  315 

— Sweepings  .  139 

— Tacks,  Broken  Wood  or  Glass  Deposited  Upon  .  19  4 

— Traffic  on  Certain  Streets  Forbidden . 108,  161 

— Twelfth  Street,  Lines  of,  Between  Fallon  and  First  Avenue.  .  165 

— Vehicles  Standing  on  . 139,  143,  145 

— Without  Horses,  on  .  139 

— See  “Vehicles” 

Street  Cars,  License  Fee  .  141 

— Regulations  Generally,  see  “Railroads”  (Street) 

Street  Crossings,  Carriages  on  .  139 

Street  Meetings  .  202 

Street  Musicians,  License  Fee  .  115 

Street  Work,  Generally  . . 157,  167-175 

— By  Private  Contract  . 177-173 

— See  also  “Specifications” 

Superintendent — 

— Fire  Alarm  and  Police  Telegraph  .  83 

— Of  Streets,  Repairs  . 146 

— To  Number  Buildings  .  285 

lupplies  for  the  City — • 

— -Contracts  for  .  95 

— For  Departments  . 95,  100 

— Receiving  and  Weighing  .  345 

Purveys,  Record  of .  94 

Suspension  of  Chief  of  Police .  121 

Sweepings  .  139 

Swill .  241 

Swimming  Within  City  Limits  . 354 

Swine  . 233,  277 

Tacks,  etc.,  Throwing  on  Walks  and  Streets  .  194 

Tags,  License  for  Dogs  . 104 

Tax  Collector — 

— Duties  as  to  License  Tags,  etc- .  104 

— To  Collect  Liquor  Licenses  .  120 

— To  Designate  Badges . 107-108 

— To  Number  Vehicles  and  Boats  .  107-108.  122-124 


INDEX  TO  ORDINANCES.  447 


Tax*  Collector — Continued.  Page 

— To  Pay  License  Fees  to  City  Treasurer  . .  10 r> 

— Sworn  Statement  by  . 100 

— License  Inspector  to  Act  Under  Direction  of .  85 

Tax  on  Dogs  .  102 

Telegraph  Companies,  License  Fee  .  110 

Telegraph  (Fire  and  Police  Alarm)  . 83,  213 

Telegraph  and  Telephone  Poles — 

— Names  on  . 190-191 

— Rental  on  . .187-188 

Telegraph  Wires,  Cutting  on  Removal  of  Building . .  ...  180 

Theatres,  Ingress  and  Egress  .  342 

— License  Fee  .  HO 

—Hats  off  in  . . .  355 

Thistles . 354 

Tickets,  Lottery  . 346,  347 

Tillerman,  see  “Fire  Department” 

Time  of  Closing  Saloons  .  348 

Tolls,  see  “Dockage” 

Tracks,  see  “Railroads” 

Traffic  in  Streets  .  161 

Trains,  Jumping  on  and  off  by  Minors  . 325,  345 

— Soliciting  on  Without  Consent  . : . .  330 

Transparencies,  Advertising  by  . 326 

Trapping  Birds,  Forbidden  . . . / .  317 

Trees,  Cutting  Down,  Forbidden  . 317 

— When  Nuisances  .  160 

— Regulating  on  Streets  .  195 

— Removal  for  Street  Work  . 167 

Tricycles,  see  “Bicycles”  .  201 

Trucks  and  Drays,  License  Fee  . ••••  H5 

Twelfth  Street,  Lines  of  From  Fallon  to  First  Avenue .  165 

— Dam  and  Boulevard  .  199 

Typhoid,  see  “Contagious  Diseases” 

Unwholesome  Meats  and  Produce .  231 

Unwholesome  Milk  . ...243-244,  253 

Use  of  Boulevard  . 191-192 

Vacating  Building  Unfit  for  Human  Habitation  .  240 

Vaccination  225 

Vagrancy,  see  “Lodging  in  Barns”  .  . . . .  322 

Vehicles — 

— Badges  for  Drivers  .  108 

— Boulevard,  Driving  on  . \..191,  192 

— Cleaning  on  Street  .  139 

— Carting  Sand  . •  189 

— Drivers  to  Give  Numbers  on  Request  .  108 

— Driving  Over  Sidewalks  .  HO 

— License  Fee  .  415 

—Lights  on  . 122 “ 124 

— Motor,  Regulating  Running  of  .  358 

— Numbers  on  . 101*  108,  122,  124 

— .Obstructing  Fire  Apparatus .  210 

— Obstructing  Sidewalks  .  140 

— Obstructing  Funeral  or  Other  Procession . 139 


448 


INDEX  TO  ORDINANCES. 


Vehicles — Continued. 

— Peddler’s  Carts  on  Walk.  ...... 

— Stand  for  . 

— Standing  on  Street . 

Verification  of  Demands . 

Vessels,  Wharfage,  Dockage,  etc . 

Veterinary  Surgeons  . 

Vulgar  Language  . 

Wagers  . 

Wagons,  see  “Vehicles”— 

Warehouses,  License  Fee . 

Warehouses,  Leases  on  City  Wharves 

Water  Companies,  License  Fee  . 

Water  Front  Ordinances,  List  of _ 

Water  Pipes . 

Water  Pipes,  Leaks  to  be  Repaired  . 

Weapons . ; . 

Weeds,  on  Walks . . . 

Weighing  Supplies  . 

Wharfingez*,  Duties  of . 

— -Salary  of . 

Wharves — • 

— Dockage,  Fees,  etc  . 

— Keeping  in  Repair  . 

— License  Fee  . 

— 'Wharfinger . 

Whistles — 

— Railroad . 

— Policeman’s  . 

Windows,  Encroaching  on  Street . 

Wines,  see  “Intoxicating  Liquors” 
Wires,  Cutting  in  Removing  Buildings. 

Wires,  Protecting  Fire  Alarm  . 

Wires,  Guard  Over  Trolley  Wires . 

Wood  on  Streets  . 

Wooden  Awnings  . 

Wooden  Buildings,  in  Fire  Limits 

Wooden  Fences,  Height  . 

— See  also  “Fire  Limits.” 


•Page 

.  146 

. 143,  145 

139,  143,  145 

.  322 

. 269-273 

.  .  .  .242,  252 

.  331 

.  339 

.  116 

. 274 

.  116 

. 384 

. 140,  215 

. 198 

.  334 

.  190 

.  345 

.  - - - -  269 

.  83 

. 269-273 

.  33T 

.  124 

.  269 


.  306 

.  318: 

. 138,  140 

.  180 

. 213 

.  306 

.  139 

159,  160,  182 

. 219,  222 

.  201 


LIST  OF  OFFICERS 

OF  THE 

City  of  Oakland 

FROM  APRIR,  1903. 


MAYOR 

AND  EX-OFFICIO  COMMISSIONER  OF  PUBLIC  WORKS. 

WARREN  OLNEY. 

CITY  COUNCIL 


GEORGE  W.  DORNIN,  President . At  Large 

G.  E.  AITKEN . At  Large 

JOHN  L.  HOWARD . At  Large 

B.  C.  CUVELLIER . At  Large 

ALEX  M’ADAM . First  Ward 

A.  H.  ELLIOTT . Second  Ward 

GEO.  FITZGERALD..  .  Third  Ward 

EDWIN  MEESE . Fourth  Ward 

B.  H.  PENDLETON . Fifth  Ward 

W.  J.  BACCUS . Sixth  Ward 

J.  T.  WALLACE . Seventh  Ward. 


CITY  CLERK, 

FRANK  R.  THOMPSON. 

Deputy, 

E.  F.  HOLLAND. 

Assistant, 

MISS  LUCIE  H.  PERES. 

AUDITOR  AND  EX-OFFICIO  ASSESSOR, 

#  \ 

A.  H.  BREED. 

Deputies, 

A.  L.  HANNAFORD,  E.  F.  GARRISON,  ED.  T.  PLANER. 

TREASURER  AND  EX-OFFICIO  TAX  COLLECTOR, 

FELTON  TAYLOR. 

Deputies, 

E.  S.  FINCH,  GEORGE  E.  GROSS,  W.  H.  J.  MATTHEWS,. 

WM.  M.  FITZMAURICE. 


450 


"LIST  OF  OFFICERS. 


LICENSE  INSPECTOR, 

E.  B.  MEEK. 

Deputy, 

WM.  A.  J.  FRANKE. 

CITY  ATTORNEY, 

AND  EX-OFFICIO  COMMISSIONER  OF  PUBLIC  WORKS, 

j.  e.  Mcelroy. 

Assistant, 

WM.  H.  O’BRIEN. 

CITY  ENGINEER, 

AND  EX-OFFICIO  COMMISSIONER  OF  PUBLIC  WORKS, 

F.  C.  TURNER. 

Deputy, 

j.  b.  mcgrath. 

BOARD  OF  PUBLIC  WORKS, 

WARREN  OLNEY.  President, 

J.  E.  McELROY.  F.  C.  TURNER. 

Secretary, 

WALTER  B.  FAWCETT. 

Clerk, 

GEO.  A.  HANMORE. 

Inspector, 

N.  W.  DENTON. 

BOARD  OF  POLICE  AND  FIRE  COMMISSIONERS, 

J.  E.  McELROY,  President, 

WARREN  OLNEY,  F.  C.  TURNER. 

Secretary, 

WALTER  B.  FAWCETT. 

BOARD  OF  POLICE  PENSION  FUND  COMMISSIONERS,  , 

F.  C.  TURNER,  President, 

WARREN  OLNEY,  J.  E.  McELROY. 

Secretary, 

WALTER  B.  FAWCETT. 

BOARD  OF  FIREMEN’S  RELIEF  AND  PENSION  FUND 

COMMISSIONERS, 

J.  E.  McELROY,  President, 

WARREN  OLNEY,  F.  C.  TURNER. 

Secretary, 

WALTER  B.  FAWCETT. 


LIST  OF  O  Fl'K’ERS. 


451 


POLICE  DEPARTMENT, 

ST.  CLAIR  HODKINS,  Chief. 

Clerk. 

LOUIS  F.  AGNEW. 

Captains, 

A.  WILSON,  W.  J.  PETERSEN. 

Sergeants, 

J.  FRANK  LYNCH.  CHAS.  E.  CLARK. 

FIRE  ALARM  AND  POLICE  TELEGRAPH, 

GEO.  R.  BABCOCK.  Superintendent. 

Assistant, 

D.  L.  HOPKINS. 

FIRE  DEPARTMENT, 

N.  A.  BALL,  Chief  Engineer. 

First  Assistant  Engineer  and  Fire  Warden, 
GEORGE  B.  MCDONALD. 

STREET  DEPARTMENT. 

CHARLES  F.  OTT,  Superintendent. 
Assistant! 

M.  L.  HOLMES. 

Chief  Clerk, 

HARRY  NEWTON. 

Assistant  Clerk. 

MISS  D.  A.  ALEXANDER. 

CITY  WHARFINGER, 

JEROME  B.  GREER. 

POUNDMASTER. 

JULIUS  ZABEL. 

CITY  JUSTICES, 

MORTIMER  SMITH,  GEO.  SAMUELS. 

f 

POLICE  COURT. 

Department  1. 

MORTIMER  SMITH,  Judge. 

Clerk, 

W.  J.  HENNESSEY. 

Bailiff, 

W.  A.  MOORE. 

■  Prosecuting  Attorney, 

ABE  P.  LEACH. 

Court  Officer, 

JOHN  MURRAY. 


452 


LIST  OF  OFFICERS. 


POLICE  COURT 

Department  2. 

GEO.  SAMUELS,  Judge. 
Clerk, 

JOHN  W.  MOTT. 
Prosecuting  Attorney, 
WM.  HARRIS. 

Stenographer. 

E.  S.  VAN  COURT. 


BOARD  OF  HEALTH, 


J.  HAMILTON 
S.  H.  BUTEAU,  M.  D., 

O.  D.  HAMLIN,  M.  D., 

Health 


TODD.  President, 

A.  L.  CUNINGHAM,  M.  D. 
J.  T.  KITCHINGS,  M.  1> 

Officer, 


EDWARD  VON  ADELUNG.  M.  D. 


Secretary, 

D.  TV  DOODY. 

Bacteriologist, 

PAULINE  S.  NUSBAUMER,  M.  D. 
Chemist, 

CHARLES  H.  ROWE,  M.  D. 

Sanitary  Inspector, 

S.  F.  GEMMELL. 


Assistant  Sanitary  Inspectors, 

C.  STRASBURG.  EDW.  J.  SMITH. 

Markets,  Meat  and  Milk  Inspector  and  Veterinary  Surgeon. 

R.  A.  ARCHIBALD,  D.  V.  S. 


BOARD  OF  EDUCATION. 


GEO.  E.  RANDOLPH,  President 


FREDERICK  C.  CLIFT, 

LOWELL  J.  HARDY, 

F.  M.  HATAWAY, 

JOHN  D.  ISAACS, 

DR.  MYRA  KNOX, 

Superintendent 


C.  E.  REDDINGTON, 
D.  ROBERTSON 
C.  D.  ROGERS. 
DR.  W.  J.  WILCOX, 
DR.  A.  H.  PRATT.. 

and  Secretary, 


J.  W.  McCLYMONDS. 


Assistant  Superintedent  and  Secretary, 
R.  B.  S.  YORK. 
Stenographer, 

MISS  E.  M.  YORKER. 


LIST  OP  OFFICERS. 


453 


TRUSTEES  OF  FREE  LIBRARY  AND  READING  ROOM, 

President, 

DR.  HARRY  P.  CARLTON. 

Assistant, 

EDWARD  R.  ELIASSEN. 

WALLACE  M.  ALEXANDER,  GEO.  S.  EVANS,  WM.  H.  GORRILL. 

Clerk, 

CHAS.  N.  WALTER. 

STAFF. 

Librarian, 

CHAS.  S.  GREENE. 

Associate  Librarian. 

FREDERICK  I.  BAMFORD. 

Associate  Librarians, 

MRS.  CARRIE  KNAPP  LOUDERBACK,  MISS  ALICE  PERES. 

Cataloguer, 

MISS  JENNIE  M.  FENTON, 

Attendant, 

CHARLES  ALLEN. 

Curator  Reading  Room. 

DWIGHT  STRONG. 

Janitor, 

E.  A.  PERRIN. 

READING  ROOM  CURATORS. 

East  Oakland,  I.  O.  Ross;  North  Oakland,  Mrs.  L.  H.  Codington; 
West  Oakland,  L.  A.  Parker;  Twenty-third  Ave.,  Mrs.  Ida  M.  Sterling; 
Alden,  Miss  M.  E.  Burdick;  Golden  Gate,  Miss  Estella  Mincher. 

City  Hall  Janitor, 

JOHN  A  WILDS. 

Night  Watchman, 

FRANK  COLVIN. 


x 


ERRATA 


Page  28,  See.  34,  Charter,  to  read  as  follows:  Section  41. 

Page  32,  Sec.  47,  Charter;  Insert  in  second  line  after  the  words 
“Stat.  1895,  p.  113,”  Stat.  1901,  p.  576. 

Sec.  32,  Ord.  1995,  page  83,  amended  by  Ord.  2244,  page  390  hereof. 

Page  105,  Sec.  12,  Ord.  1009,  sub-head  to  read  as  follows:  [WHEN 
MUST  BE  PROCURED.] 

Page  111,  Sec.  40,  Ord.  1009,  repealed  by  Ord  2232,  page  388,  hereof. 

Page  129,  Ord.  1890,  eight  lines  from  bottom  of  page  to  read  as 
follows:  ‘‘and  the  northerly  City  line  be  changed  to  Fairmont  avenue.” 

Page  134,  Ord  1908,  heading  to  read  as  follows:  “AN  ORDINANCE 
ACCEPTING  THE  DEDICATIONS,  AND  OFFERS  OF  DEDICA¬ 
TION,”  etc. 

Page  137,  Ord.  2028,  second  line  of  heading  to  read  as  follows:. 
“THE  PURPOSE  OF  ERECTING  AND  MAINTAINING  THEREON.” 

Page  180,  Sec.  7,  Ord.  1460,  second  line  to  read  as  follows:  “of  the 

removal  of  any  building  shall  permit  the  same  to  obstruct  any” 

/ 

Page  216,  Ord.  701,  reference  note  under  heading  to  read  as  follows: 
(See  also  Supplementary  Ord.  868,  p.  22,  hereof.  For  boundaries  of  fire 
limits,  see  p  221,  post.) 

Page  247,  Sec.  9,  Ord.  2108,,  second  line  from  top,  to  read  as  fol¬ 
lows:  “of  contamination  of  the  surrounding  soil.  Said  cess-pools  must 
not  be” 

Page  247,  Sec.  10,  third  line  to  read  as  follows:  “writing  from  the 
Board  of  Health.  Every  person  construction  sewers” 

Page  254,  Ord.  1735,  last  line  to  read  as  follows: 

2,  1896.  Vol.  5,  p.  37.) 


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